Biografía

Anthony E. DiResta, co-chair of the Holland & Knight's Consumer Protection Defense and Compliance Team, is an attorney in the firm's Washington, D.C., and Miami offices.

Nationally Recognized Leader With an Exceptional Record of Success. Mr. DiResta, a former federal prosecutor and governmental official, is a nationally recognized leader in defending governmental law enforcement investigations and litigation, who has successfully defended companies and individuals in dozens of high-profile, "bet-the-company" investigations by the U.S. Department of Justice (DOJ), Federal Trade Commission (FTC), Consumer Financial Protection Bureau (CFPB), and almost all of the state attorneys general – with many of those investigations being closed.

Breadth of Experience as a Trusted, Results-Oriented Advisor. Mr. DiResta is accomplished in crisis management. In addition to managing the investigations or litigation involved, he has developed strategic communication plans, including media relations, and counseled executives and boards of directors. In addition, Mr. DiResta was appointed as a receiver in a federal enforcement action and has served as an expert witness in FTC governmental litigation.

Former FTC Director. Mr. DiResta is a former director of the FTC's Southeast Regional office, where he supervised – and participated as a trial lawyer in – many of the enforcement, investigative, litigation and outreach activities of the Competition and Consumer Protection Bureaus of the agency. Among his accomplishments is his initiation and management of a consumer protection law enforcement sweep – including the DOJ, U.S. Securities and Exchange Commission (SEC), 15 state attorneys general and the FTC – that resulted in more than 25 lawsuits and proceedings throughout the country. Furthermore, under his leadership, the FTC Southeast Regional office received the John Marshall Award from the U.S. Attorney General for its enforcement achievements.

Former Assistant U.S. Attorney. Mr. DiResta also served as a former Assistant U.S. Attorney for the Northern District of Georgia, Atlanta Division. He was involved in criminal prosecutions of individuals involved in telemarketing fraud against the elderly.

Scope of Substantive Knowledge with Experience in Key Industry Sectors. The range of Mr. DiResta's skills and knowledge is broad, as his clients are involved in many key industry sectors, including

  • financial services, from banks to debt collection agencies
  • healthcare, from pharmaceutical companies to nutritional supplements
  • media, from social media platforms to television networks
  • hospitality, from hotels to reservation and travel sites
  • food and beverage, from fast food companies to soda brands
  • real estate, including time share companies
  • transportation, including car dealerships
  • major manufacturers and retailers

And, the issues he has addressed cover all consumer protection topics, including

  • unfair, deceptive, and abusive acts and practices (UDAAP)
  • privacy, data breaches and data security
  • marketing practices
  • social media advertising
  • internet law
  • false advertising
  • unfair competition
  • unfair trade practices
  • federal and state regulations
  • compliance management

He has also developed an extensive knowledge in the laws and regulations governing artificial intelligence (AI), including facial recognition technology and discriminatory algorithms. 

Experience in Governance and Organizational Management. Mr. DiResta has worked on issues impacting boards of directors, including effective governance procedures with for-profit and nonprofit companies. He also has experience developing and implementing policies concerning diversity, equity and inclusion (DEI) initiatives. Additionally, he has also worked extensively on compliance management matters, including drafting, training for and monitoring compliance policies and procedures.

Recognized as National Leader in the Consumer Protection Bar. Mr. DiResta has been honored as one of the nation's top "Regulatory Trailblazers & Pioneers" by The National Law Journal. It is an exclusive award that honors prominent lawyers in the country who are leaders in successfully navigating regulatory and compliance law. In addition, he was named Top Author by JD Supra for his thought leadership and visibility in compliance management.

Leadership in Trade Associations. Mr. DiResta served as general counsel and director of regulatory affairs to the Word of Mouth Marketing Association (WOMMA), the trade association that focuses on social media marketing; and in that role, he consulted with the FTC on policy matters impacting digital advertising. He also holds leadership positions in several trade associations in the financial services industry.

Recognized as a Thought Leader on Legal, Regulatory, and Policy Matters. Mr. DiResta is a frequent speaker and panelist at leading conferences, has been interviewed and quoted by journalists in prominent media platforms, has chaired consumer protection summits, and has interviewed senior officials at the FTC and CFPB on enforcement initiatives, rulemaking, and supervisory examinations at leading industry forums.

Publications Recognized by Courts and Law Journals. Mr. DiResta is widely published in the areas of commercial litigation, FTC and CFPB matters, governmental investigations, consumer protection and antitrust law – with many of his articles cited by the courts and law review publications. In fact, one of his articles was cited with approval by the U.S. Supreme Court in a leading antitrust decision.

Involvement in American Law Institute and American Bar Association Initiatives. Mr. DiResta is a life member of the American Law Institute (ALI), having served as an advisor and a member of Consultative Groups on several ALI projects, including the Principles of the Law, Data Privacy; Principles of the Law, Compliance, Risk Management and Enforcement; Principles of the Law, Governmental Ethics; and the Restatement of the Law, The Law Governing Lawyers. He also served in leadership positions with American Bar Association (ABA), Section of Litigation, including serving as co-chair of the Pro Bono and Public Interest, Antitrust Litigation, and Governmental Litigation Committees. 

Recognized for Pro Bono Commitment and Community Service. Mr. DiResta is the 2020 recipient of the Rollins College Alumni Service Award and is committed to pro bono and community service. He currently serves on the Board of Trustees of Rollins College in Winter Park, Florida, the Board of Directors for Young Concert Artists in New York City (where he serves on the Executive Committee and as co-chair of the Governance Committee) and the Board of Directors of the Chamber Music Society of Palm Beach, Florida, where he serves as co-chair of the Board. He also received the Sunshine Award from the Society of Professional Journalists (SPJ) for successfully representing a university newspaper before the Georgia Supreme Court, a case of first impression in first amendment jurisprudence concerning media access to governmental proceedings and documents.

Experiencia Representativa

Closed Nonpublic Investigations by the FTC, Department of Justice, and State Attorneys General

  • Investigation closed. Defense of an auto dealership in an FTC investigation for claims and posts made on social media
  • Investigation closed. Defense of a regional bank in a lending discrimination investigation before the U.S. Department of Justice (DOJ)
  • Investigation closed. Defense of an entertainment website in an FTC privacy and data breach matter
  • Investigation closed. Defense of a nutritional supplement manufacturer and marketer in an FTC investigation concerning substantiation of advertising claims and marketing practices involving social media
  • Investigation closed. Defense of a major retailer in a privacy investigation by the FTC concerning breach of a privacy policy
  • Investigation closed. Defense of a major hotel brand in an FTC investigation concerning allegations of deceptive pricing in online advertising
  • Investigation closed. Defense of an online travel agent in an FTC investigation concerning allegations of deceptive pricing practices
  • Investigation closed. Defense of three law firms in separate FTC investigations concerning allegations of deceptive and unfair business practices involving the debt negotiation and debt settlement industry
  • Investigation closed. Defense of a professional service provider concerning allegations of deceptive communications and unfair business practices in FTC investigations involving the debt negotiation and debt settlement industry
  • Investigation closed. Defense of a payment processor and debt collector in an investigation by the New York City Department of Consumer Affairs
  • Investigation closed. Defense of two separate investigations by the Massachusetts attorney general involving privacy breaches
  • Investigation closed. Defense of two separate investigations by the Indiana attorney general involving privacy breaches
  • Investigation closed. Halted an FTC investigation of an industry trade association after a major consumer group submitted a petition alleging deceptive and unfair advertising
  • Investigation closed. Defense of a trade association in an FTC investigation concerning allegations of false advertising that promoted health benefits from its members' products
  • Investigation closed. Defense of a financial services business in an FTC investigation involving the Fair Credit Reporting Act
  • Investigation closed. Defense of a major pharmaceutical company in an investigation by the New York attorney general concerning rebates and other consumer protection matters
  • Investigation closed. Defense of an automobile dealership marketing company in a multistate investigation being led by the attorneys general of Georgia and Idaho concerning allegations of deceptive/unfair advertising and marketing practices
  • Investigation closed. Defense of a financial services business in an FTC investigation involving privacy and data security
  • Investigation closed. Defense of a financial services business in an FTC investigation involving payday loans
  • Investigation closed. Defense of two different mortgage lenders in separate FTC investigations relating to their submission of data pursuant to the Home Mortgage Disclosure Act (HMDA)
  • Investigation closed. Defense of a financial services company in an FTC investigation involving violations of the Fair Debt Collection Practices Act
  • Investigation closed. Defense of an Internet marketing company in an FTC investigation concerning allegations of deceptive/unfair advertising and marketing practices
  • Investigation closed. Defense of a debt collection agency in an investigation concerning unfair and deceptive business practices by the New York attorney general
  • Investigation closed. Defense of a debt collection agency in an investigation concerning unfair and deceptive business practices by the Pennsylvania attorney general
  • Investigation closed. Defense of a smokeless tobacco company in an FTC investigation concerning marketing practices and regulatory compliance
  • Investigation closed. Defense of a marketing company targeting minority populations in an FTC investigation concerning allegations of deceptive/unfair advertising and marketing practices
  • Investigation closed. Defense of a debt buyer in an investigation concerning unfair and deceptive business practices by the West Virginia attorney general
  • Investigation closed. Defense of a service provider for domestic relations disputes in an FTC investigation concerning allegations of deceptive/unfair advertising and marketing practices
  • Investigation closed. Defense of a clothing retailer in separate investigations by attorneys general in California, Illinois, Indiana, Hawaii, South Dakota, Vermont and Missouri concerning alleged deceptive/unfair advertising and marketing practices in connection with an advertising promotion
  • Investigation closed. Defense of a clothing retailer in an FTC investigation concerning product labeling and other regulatory consumer protection issues
  • Investigation closed. Defense of a telecommunications vendor in an investigation by the FTC and the New York attorney general concerning allegations of deceptive/unfair advertising and marketing practices
  • Investigation closed. Defense of an advertising agency in an FTC investigation concerning allegations of deceptive/unfair advertising and marketing practices

Closed Nonpublic Investigations by the Consumer Financial Protection Bureau (CFPB)

  • Investigation closed. Defense of a major debt collection company that focuses on the collection of government and higher education debt in a CFPB investigation involving allegations of deceptive, unfair and abusive business practices
  • Investigation closed. Defense of a major debt collection company in a CFPB investigation involving allegations of deceptive, unfair and abusive business practices
  • Investigation closed. Defense of an accounts receivable business in a CFPB investigation involving allegations of deceptive, unfair and abusive business practices
  • Investigation closed. Defense of a bank in a CFPB investigation involving allegations of deceptive marketing practices
  • Investigation closed. Defense of a financial services industry company in a CFPB investigation involving allegations of deceptive, unfair and abusive practices
  • Investigation closed. Defense of a leading company in the hospitality industry that engaged in financial transactions for consumers in a CFPB investigation involving allegations of misleading and deceptive advertising as well as unfair and abusive business practices

Federal Trade Commission (FTC) Investigations That Are Public

  • Successful negotiation of a settlement in joint FTC and Department of Health and Human Services investigations concerning privacy and data security breach
  • Successful negotiation of a settlement in an FTC investigation involving the use of facial recognition and biometric data, as well as allegations concerning the breach of an FTC consent decree
  • Successful negotiation of a settlement involving the advertising and marketing of claims by a reading program
  • Successful termination of an FTC investigation with a closing letter involving a debt buyer and debt seller
  • Successful negotiation of an FTC investigation involving a debt buyer for violations of Section 5 of the FTC Act and the Fair Debt Collection Practices Act concerning the collection of a transactional or convenience fee
  • Successful negotiation of an FTC investigation involving a debt collection company for violations of Section 5 of the FTC Act and the Fair Debt Collections Practices Act
  • Successful negotiation of a settlement involving the advertising and marketing claims concerning an exercise equipment product
  • Successful negotiation of a settlement concerning advertising of entertainment events and disclosures concerning purchases in secondary markets
  • Successful negotiation of a settlement involving the marketing of dietary supplements in an FTC litigation
  • Successful negotiation of a settlement involving the principal of a dietary supplements company in an FTC litigation
  • Successful negotiation of a settlement involving lending discrimination
  • Successful negotiation for a debt collection company and its owner in an FTC investigation for violations of the Fair Debt Collections Practice Act
  • Successful negotiation for a debt collection company in an FTC investigation for violations of the Fair Debt Collection Practices Act
  • Successful negotiation of a settlement involving a marketer of magazines and periodicals in an FTC litigation concerning allegations of deceptive/unfair advertising and marketing practices
  • Successful negotiation of a settlement involving the retailer of consumer products in a joint investigation by the FTC and the New York attorney general concerning rebates and other consumer protection matters
  • Successful negotiation for a debt settlement services company in an FTC litigation concerning allegations of deceptive/unfair advertising and marketing practices

State Attorney General Investigations That Are Public

  • Successful negotiation of a settlement in an investigation by the Massachusetts Attorney General concerning compliance with the Fair Credit Reporting Act (FCRA) and the Fair Debt Collections Practices Act (FDCPA)
  • Successful negotiation of a settlement in a consumer protection litigation by the Pennsylvania attorney general involving deceptive marketing practices; investigations by the attorneys general of New York, Missouri, Maryland, Connecticut and Florida were closed
  • Successful negotiation of a settlement in an investigation by the California attorney general concerning allegations of deceptive/unfair advertising and marketing practices
  • Successful negotiation of a settlement in an investigation by the Washington attorney general concerning allegations of deceptive/unfair advertising and marketing practices

Advocacy Before the FTC

  • Representation of a trade association in an FTC 6(b) inquiry concerning consumer protection and competition issues
  • Representation of a fast food franchise in an FTC 6(b) inquiry concerning the role of advertising and marketing on childhood obesity
  • Representation of advertising and marketing companies in submitting comments to the Federal Trade Commission on a range of consumer protection issues
  • Investigation prevented. Proactively convinced the FTC not to commence an investigation after a petition by several U.S. senators requested that the FTC open an inquiry into a company's advertising and marketing practices
  • Investigations prevented. Proactively convinced the FTC not to commence several investigations after a referral by the NAD

Advocacy Before the NAD (National Advertising Division)

  • Representation of a company involved in health and wellness before the NAD concerning allegations of false and deceptive advertising
  • Appeal of an NAD decision before the National Advertising Review Board (NARB)

Antitrust/Unfair Competition

  • Defense of a trade association in the healthcare industry concerning conspiracy and business defamation
  • Defense of an oil company in an antitrust action brought by the Hawaii attorney general
  • Representation of a test preparation company in an antitrust action alleging monopolization in the computer-based testing industry
  • Defense of a media company in an antitrust litigation and trial alleging predatory pricing
  • Representation of a durable medical equipment supplier in an Eleventh Circuit appeal involving a hospital joint venture
  • Defense of – and national counsel for – a commercial lending company in several federal antitrust actions
  • Representation of a minority cable franchisor in an antitrust action
  • Defense of a major airline in a class action for alleged conspiracy amongst airlines to fix prices
  • Representation of a ticket sales and distribution company in an antitrust action
  • Representation of amici curiae in an Eleventh Circuit en banc consideration of antitrust issues concerning vertical integration, monopolization and standing

Business Torts and Commercial Contracts

  • Representation of both plaintiffs and defendants in a Lanham Act litigation
  • Representation for litigation, trial and appeal defense of an entertainment company in an action brought by a former employee for invasion of privacy and alleged violations under the Federal Wiretap Act
  • Representation of a theme park and several retail businesses in Florida in litigation and administrative proceedings concerning a proposed “magnetically levitated” high-speed vehicle
  • Defense of financial institutions and agencies in a Fair Debt Collection Practices Act (FDCPA) dispute
  • Defense of a bank in several actions involving alleged improper lending practices
  • Representation of a mortgage company in expedited appeals to the Eleventh Circuit and the U.S. Supreme Court

Intellectual Property

  • Business counseling involving privacy issues facing consumers using computer technology, the Internet and social media platforms
  • Representation of major television network affiliates in copyright infringement actions

Securities

  • Defense of investment and professional services firms in class action securities litigation proceedings
  • Representation of a major bank in an Eleventh Circuit expedited appeal of a class action involving federal and state securities regulations

Lender Liability

  • Defense of banks in lender liability actions
  • Representation of a multinational banking and financial services corporation in an Eleventh Circuit appeal of a lender liability action concerning federal and state lending regulations

Products Liability/Toxic Tort

  • Defense of a multinational chemical and healthcare corporation as national counsel in pharmaceutical product liability cases involving the use of ingredient phenylpropanolamine (PPA) in cough/cold and weight loss medications
  • Defense of a pharmaceutical company as national counsel in pharmaceutical product liability cases involving the use of thimerosal in vaccines
  • Defense of a foreign weapons manufacturer in several product liability actions brought by local foreign governments in the United States
  • Representation of a foreign weapons manufacturer in a product recall program in the United States
  • Defense of a chlorine manufacturer in a toxic tort litigation involving DDT

First Amendment/Media/Communications

  • Defense of a journalist in a defamation action involving District of Columbia government hiring practices
  • Defense of a media conglomerate and its journalists in defamation lawsuits
  • Defense of a media conglomerate and its journalists in invasion of privacy actions
  • Representation of a media conglomerate and its journalists in proceedings involving reporters’ rights, such as subpoenas directed to journalists
  • Representation of two major magazines and their journalists in several proceedings involving reporters’ rights, such as subpoenas directed to journalists
  • Representation of a media conglomerate and its journalists in petitioning courts for access to civil and criminal proceedings and documents
  • Representation of a media conglomerate and its journalists in litigation and an Eleventh Circuit appeal of their efforts to gather and report news of public concern
  • Prepublication review for a media conglomerate
  • Representation of a newspaper before the Georgia Supreme Court in a case of first impression that was the subject of several articles in The Wall Street Journal, The New York Times and The Atlanta Journal-Constitution
  • Representation of a Georgia newspaper before the Georgia Supreme Court in an invasion of privacy action that included prior restraint issues

Credenciales

Educación
  • Florida State University College of Law, J.D.
  • Harvard University, Ed.M.
  • Rollins College, B.A.
Admisiones
  • District of Columbia
  • Florida
  • Georgia
Membresías
  • American Law Institute, Elected Member, 1994 - present
    • Restatement of Torts, Advisor
    • Restatements of Privacy, Governmental Ethics, and Employment Law, Consultative Group Member
  • Association of Credit and Collection Professionals, Federal Affairs Committee, current; Regulatory Committee, 2010-2015
  • American Bar Association, Litigation Section, Member, 1984-2011
  • American Bar Association
    • Pro Bono and Public Interest Committee, Co-Chair, 2008-2009
    • Antitrust Litigation Committee, Co-Chair, 2000-2003
    • Host Committee Member, ABA Annual Meeting, 2002
    • Government Litigation Counsel Committee, Co-Chair, 1997-1999
  • Litigation News, Associate Editor, 1992-1994
Honores y Reconocimientos
  • Rollins College Alumni Service Award, 2020
  • Holland & Knight Pro Bono All-Star, 2019-2022
  • Washington, D.C. Super Lawyers 
  • Regulatory & Compliance Trailblazer, The National Law Journal, June 2015
  • Sunshine Award, Society of Professional Journalists, 1993
  • Martindale-Hubbell AV Preeminent Peer Review Rated

Multimedia

Podcast - The FTC Takes a Closer Look at Blurred Advertising to Children
Podcast - The FTC Enforces the Fair Credit Reporting Act
Podcast - The FTC Acts Against Experian Customer Services
Podcast - CFPB Targets Data Brokers with Latest Proposed Rule
Financial Services Regulatory Crystal Ball Outlook for 2024
Podcast - The Biden Administration's Push for Transparency in AI Technology
Podcast - The FTC's Health Privacy Enforcement Actions
Podcast - The FTC Announces Three Important Developments
Podcast - The FTC Takes Action Against the Amazon Prime Program
Podcast - Abuse Discovery Practices by the Government
Podcast - The FTC Cracks Down on Celebrity Endorsers
Yes, Artificial Intelligence (AI) Regulation Exists: Hear Directly From the Federal Trade Commission
Podcast - The FTC and DOJ Act Against Amazon to Protect Privacy
Podcast - The FTC Aims for True Fairness in Use of AI
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Podcast - Unlawful Discrimination by Artificial Intelligence
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Podcast - FTC's Approach to Made in the USA Claims
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Podcast - The FTC's Focus on Social Media Advertising Policies
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Podcast- The FTC's Mission: Competition and Antitrust
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Podcast - The FTC Agenda & Data Privacy
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Podcast - The FTC's Regulation of Social Media Advertising
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Podcast - The FTC's Proposed Rule to Fight Impersonation Scams
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Podcast - The CFPB's Proposal to Create a Public Registry
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Podcast - The FTC's Click to Cancel Proposal
Clearly Conspicuous Episode 11
Podcast - Junk Fees: It's a Political Issue
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Podcast - Junk Fees: What's the Flap All About
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Podcast - Uncovering the FTC's Criminal Liaison Efforts
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Podcast - Navigating Social Media and Advertising Law with the FTC
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Podcast - How the FTC Shapes Privacy and Data Security Standards
2023 Social Media Advertising Landscape: Hear from the FTC
2023 Social Media Advertising Landscape: Hear from the FTC
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Podcast - Made in the USA Claims
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Podcast - Exploring the FTC's Aggressive Effort to Limit Employment Agreements
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Podcast - How to Comply with FTC's Guidance for Healthcare Companies
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Podcast - Compliance Management System: You Better Have One ... or Else
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Podcast - Consumer Protection: Ignorance Is Not Bliss
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Podcast - How to Successfully Manage Governmental Investigations
Critical Outposts for Consumer Protection Investigations: Insight from a Former Regional Director into the Important Work of the FTC's Regional Offices
Critical Outposts for Consumer Protection Investigations: Insight from a Former Regional Director into the Important Work of the FTC's Regional Offices

Publicaciones

Conferencias Dictadas

Noticias