John P. Feldman

Partner

John's practice focuses on advertising and unfair competition issues, including counseling and litigation of false advertising cases; counseling with regard to regulatory issues surrounding promotions such as sweepstakes, contests, and other sales incentives; and related intellectual property matters. He has extensive experience before the National Advertising Division of the Council of Better Business Bureaus, ("NAD") and has advised clients on regulatory investigations before the FTC and state attorneys general.

John has handled dozens of advertising cases involving products and services as diverse as dietary supplements, batteries, dog biscuits, gasoline additives, and retail store services. He has particularly focused on the role of self-regulation, and represents clients before the NAD and the Children's Advertising Review Unit ("CARU") regularly. An active member of the CARU Supporters advisory committee, John has done extensive work in the area of children's advertising, advising clients on regulatory initiatives, food and obesity issues, video games, violence in media, and privacy.

A former two-term member of the Board of Directors of the Promotion Marketing Association, and an active participant in the PMA's Governmental and Legal Affairs Committee, John devotes a substantial portion of his practice to providing advice to advertisers on regulatory issues, including environmental claims, behavioral marketing, privacy, sweepstakes, rebates, coupons, and advertising substantiation. Taking advantage of Reed Smith's international platform, John's practice encompasses an extensive knowledge of international laws as they relate to advertising and promotion, and he provides turn-key legal clearance on difficult and complex international survey projects.

John has also written and spoken nationally on topics related to promotion marketing, especially sweepstakes and contests. He has been quoted in several publications such as, Brandweek, New York Post and Washington Lawyer. He is also a frequent blogger on AdlawByRequest.com and LegalBytes.com, the firm’s two advertising and marketing law blogs.

Employment History

  • 2005 - Reed Smith
  • 2000 - Collier Shannon Scott PLLC
    • Served as co-chair of the Intellectual Property Group and practiced in the firm’s Advertising and Marketing Law Group
  • 1995 - Arent Fox Kintner Plotkin & Kahn
  • 1994 - Gardner Carton & Douglas
  • 1990 - Winston & Strawn

Honors & Awards

  • Named as one of America's leading lawyers in the area of Advertising Law in The Best Lawyers in America (2008-2015 editions). The Best Lawyers lists, representing 137 practice areas in all 50 states and Washington, D.C., are compiled through an exhaustive peer-review survey in which thousands of the top lawyers in the United States confidentially evaluate their professional peers.

Professional Affiliations

  • American Bar Association, Antitrust Section, Consumer Protection Committee Vice chair (2009-present)
  • District of Columbia Bar Association
  • Promotion Marketing Association, Governmental & Legal Affairs Committee – Director (2001-2007)

Quotations 

  • “Yelp, TinyCo fined by U.S. for improperly collecting kids' data” By Ros Krasny, Reuters (17 September 2014)
  • "How the FDA's Label Proposal Might Change Food Marketing" By E.J. Schultz, Advertising Age (27 February 27 2014)
  • "FTC Embraces Flexibility With New COPPA Compliance Tools" By Allison Grande, Law360 (14 February 2014)
  • "Companies Eager For Guidance On Children’s Privacy Rules" By Joshua Sebold, Daily Journal (17 January 2014)
  • "Modified Online Children's Privacy Rules Take Effect in US" By Grant Gross, PC World, (1 July 2013)
  • "Revised Kids' Privacy Rule Leaves Wiggle Room On Day 1" By Allison Grande, Law360, (28 June 28 2013)
  • "FTC Hints At Teen Privacy Enforcement In New COPPA Guides" By Allison Grande, Law360, (26 April 26 2013)
  • "Broader Children's Privacy Rules to Hit Apps Hard" By Jean Yung, Daily Journal, (27 February 27 2013)
  • "Debate Over Mobile Data Privacy Heats Up" By Henry Meier, Daily Journal, (27 February 27 2013)
  • "COPPA Team's Move Likely To Jumpstart FTC Enforcement" By Allison Grande, Law360, (20 February 20 2013)
  • "FTC Mobile Guide Signals Start Of Privacy Crackdown" By Allison Grande, Law360, (1 February 2013) 
  • "FTC Updates COPPA for the Age of Social Media, Mobile Apps" By Catherine Dunn, Corporate Counsel, (21 December 2012)
  • "FTC Bans Behavioral Targeting At Kids' Sites" By Wendy Davis, Media Post Online Media Daily, (19 December 2012)
  • "U.S. tightens rules protecting children's online privacy" By Diane Bartz, Reuters, Chicago Tribune, (19 December 2012)
  • "ITIF Analyst: FTC COPPA Revisions Harm More Than Help" By John Eggerton, Broadcasting & Cable, (19 December 2012)
  • "FTC Guidance Reminds App Makers They Face Privacy Scrutiny" By Allison Grande, Law 360, (5 September 2012)
  • "McDonald's, Viacom Websites Violate Child Privacy, Groups Say"  By Allison Grande, Law360, (22 August 2012)
  • "FTC Proposes New Rules for Children's Online Privacy" By Catherine Dunn, Corporate Counsel, (3 August 2012), Republished in The Legal Intelligencer, (10 August 10 2012)
  • "Consumer Protection: FTC Seeks Comments on More Proposed Revisions to Children's Online Privacy Rule," By Cecelia M. Assam and Katie W. Johnson, Bloomberg Law Privacy Law Watch, (2 August 2012)
  • "FTC's Child Privacy Tweaks Bring Ad Networks Under Scrutiny" by Allison Grande, Law360, (1 August 2012)
  • "Dot Com Ad Guidance Must Be Flexible To Endure: Attys" by Allison Grande, Law360, (27 September 2011)
  • "COPPA Rule Changes Will Expand Privacy's Reach, Costs" Law360, (21 September 2011)
  • "Website Allows Participants to Win Prizes by Critiquing Advertisements" Philadelphia Business Journal, (22 July2011)
  • "Air personalities face added burdens of vetting ad claims under new federal rules," Inside Radio, (7 October2009)
  • "FTC takes aim at celebs, Web hype-sters," Washington Post, (6 October 2009)
  • "Swag The Dog: FTC Rules Bloggers Should Disclose Freebies," MediaPost, (5 October 2009)  
  • "Is It Working? An Update On The Food Industry's Response To The Issue Of Childhood Obesity," Youth Markets Alert, (1 May 2009)
  • "Sellers Seeking to Raffle Home Online Face Fifty-State Patchwork of Rules, Restrictions," by Amy Bivins, BNA Electronic Commerce & Law Report, (12 January 2009)  
  • "FTC Considers Updating Its Guides to Endorsements and Testimonials," Nutritional Outlook, (January/February 2009)  
  • "Analysts Take a Closer Look at the FTC Report," Youth Markets Alert, (15 August 2008)
  • "FTC Backs Self-Regulation," by Jim Edwards, Brandweek, (31 July 2008)
  • "Ads Blowing Smoke," by Bill Sanderson, New York Post, (3 March 2008)  
  • "Food Fight," by Joan Indiana Rigdon, Washington Lawyer, (December 2007)
  • "Privacy Issues Loom for Marketers," by Larry Dobrow, Advertising Age, (13 March 2006)