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John P. Feldman

Feldman, JP_web image

Partner

Washington, D.C.

T:
+1 202 414 9230 (Washington, D.C.)
F:
+1 202 414 9200 (Washington, D.C.)
E:
jfeldman@reedsmith.com
Vcard

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 Counsel 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.

Legislative Testimony

  • Comments on Proposed Revisions to the FTC Guides Concerning Testimonials and Endorsements on behalf of Association of National Advertisers (2009)
  • Comments on Proposed Revisions to the FTC Guides Concerning Testimonials and Endorsements on behalf of Word of Mouth Marketing Association (2009)
  • Representing fast food restaurant client before National Advertising Review Council in connection with creation of Children’s Food and Beverage Advertising Initiative (2007)

Publications

  • "Watch What You Say," Mediaweek (January 20, 2009)
  • Co-Author, "Advertising to Kids and Childhood Obesity: The Next Tobacco Litigation?" 13 ABA Consumer & Personal Rights Litigation Journal (Winter 2007)
  • Has written and spoken nationally on topics related to promotion marketing, especially sweepstakes and contests
  • Has been quoted in several publications such as, Brandweek, New York Post and Washington Lawyer
  • Frequent blogger on AdlawByRequest.com and LegalBytes.com, the firm’s two advertising and marketing law blogs

Speeches / Presentations

  • "And Now A Word From Our Sponsor: Efforts to Avoid 'Blurring' Editorial Content with Advertising Targeted to Children," 31st Annual Promotion Marketing Law Conference (Nov. 6, 2009)
  • "The Dawning of a New Day for Consumer Promotions in the Commonwealth of Puerto Rico," Reed Smith Client Teleseminar (Oct. 28, 2009)
  • The 30th Annual Promotion Marketing Law Conference - The Message is the Medium, "The Message May Be 'Censored' If It's For Kids!" (Nov. 20, 2008)
  • CARU Annual Conference, "Media-Savvy Kids" (Sept. 24, 2008)
  • Advertising Law in a Changing World: It's Not Your Father's Media Mix, "Contests & Sweepstakes Overview" (April 18, 2008)
  • Regulatory Kid Watch, "How Many Calories are in a Television Commercial? Keeping Up With Legal and Regulatory Crackdowns as the Child Obesity Battle Rages On" (April 1-2, 2008)
  • GE Advertising Practice Group Meeting, "It's Not Easy Being Green" (March 2008)
  • Consumer Protection Conference, "Promotional Tie-Ins, Brand Integration, and Sponsorship: Key Considerations" (Jan. 30, 2007)
  • Transworld Advertising Agency Network Summer Meeting, "Legal Update" (July 29, 2006)
  • Green Lights & Red Flags: FTC Rules of the Road of Advertising Law Conference, Seattle, "Comparative Advertising: Developments and Strategies in the Court and Before NAD" (May 19, 2006)
  • 20th Semi-Annual Association of Hispanic Advertising Agencies (AHAA) Conference, "Agency Principals Forum: Legal Perspectives on Current FTC Initiatives" (April 7, 2006)
  • 2nd Annual Interactive Promotions Summit, "Trends and Challenges Roundtable" (March 26-28, 2006)
  • 2006 Advertising Law and Business Affairs Conference, "Comparative Advertising - Lanham Act, NAD, and Class Actions" (Jan. 25-26, 2006)
  • Promotional Marketing Association, Inc., The 27th Annual Law Conference, "The Wars of Future Worlds, Tomorrow's Promotion Here Today: A View Through Wireless, Radio Frequency ID, TiVo and Other New Technologies on the Scene" (Dec. 1, 2005)

Experience

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

Legal Education

1990 J.D., Cornell Law School
Editor-in-Chief, Cornell International Law Journal (1989-1990)

Undergraduate Education

1986 A.B., magna cum laude, Princeton University

Professional Admissions / Qualifications

  • District of Columbia
  • Illinois
  • Massachusetts

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)

Interests

Boston Red Sox
Theater

Quotations

  • "Privacy Issues Loom for Marketers,"  by Larry Dobrow, Advertising Age (March 13, 2006)
  • "Food Fight," by Joan Indiana Rigdon,  Washington Lawyer (Dec. 2007)
  • "Ads Blowing Smoke," by Bill Sanderson, New York Post (March 3, 2008)
  • "FTC Backs Self-Regulation," by Jim Edwards, Brandweek (July 31, 2008)
  • "Analysts Take a Closer Look at the FTC Report," Youth Markets Alert (Aug. 15, 2008)
  • "Sellers Seeking to Raffle Home Online Face Fifty-State Patchwork of Rules, Restrictions," by Amy Bivins, BNA Electronic Commerce & Law Report (Jan. 12, 2009)
  • "FTC Considers Updating Its Guides to Endorsements and Testimonials," Nutritional Outlook (January/February 2009)
  • "Is It Working?  An Update On The Food Industry's Response To The Issue Of Childhood Obesity," Youth Markets Alert (May 1, 2009)
  • "Swag The Dog: FTC Rules Bloggers Should Disclose Freebies," MediaPost (Oct. 5, 2009)
  • "FTC takes aim at celebs, Web hype-sters," Washington Post (Oct. 6, 2009)
  • "Air personalities face added burdens of vetting ad claims under new federal rules," Inside Radio (Oct. 7, 2009)

Awards, Honors and Recognitions

  • Named as one of America's leading lawyers in the area of Advertising Law in The Best Lawyers in America (2008-2010 editions).  The Best Lawyers lists, representing 80 specialties 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.