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Gary D. Hailey

LinkedIn
Partner
Washington,  DC  U.S.A.
Phone202.344.4997

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Experience & Credentials
 

Practice Areas

  • Advertising and Marketing
  • Regulatory
  • Advertising and Marketing Litigation
 
University Rice University, B.A., cum laude, 1974
 
Law SchoolHarvard Law School, J.D., cum laude, 1977
 
Admitted1978, Texas; 1996, District of Columbia
 
BornJoplin, Missouri, May 30, 1952
 
Biography

Gary Hailey's practice focuses on advertising and marketing law involving both traditional marketers and the direct response/infomercial industry.

With many years of experience in both the public and private sectors, Mr. Hailey provides clients with an abundance of inside knowledge about the regulatory process and its implications for their advertising and marketing efforts. Mr. Hailey offers his clients practical advice concerning ways to reduce their legal exposure without reducing the effectiveness of their marketing efforts. He is a highly skillful advocate before federal and state government agencies and the National Advertising Division of the Council of Better Business Bureaus. Before he joined Venable, Mr. Hailey was the general counsel for regulatory affairs for a NYSE-listed infomercial producer, where he was responsible for legal review of all the company's advertising and promotional efforts. Prior to that, he served as attorney advisor to a member of the Federal Trade Commission and program advisor in the FTC's Bureau of Consumer Protection.

Significant Matters

Recently, Mr. Hailey has defended Federal Trade Commission investigations involving dietary supplements and other consumer products. He also has handled Consumer Product Safety Commission and state attorney general investigations and National Advertising Division, Electronic Retailing Self-Regulatory Program and television network challenges for several different clients.

Activities

Mr. Hailey speaks and writes extensively on regulatory issues, including a regular legal column for Response magazine.

Industries

Consumer Products and Services

Dietary Supplements, Cosmetics and Functional Foods

Consumer Financial Protection Bureau Task Force

Government Experience

Attorney Advisor to the Commissioner, Federal Trade Commission

Memberships

District of Columbia Bar Association

News

December 19, 2011, Robert Davis, Longtime Antitrust Litigator and Former Advisor to FTC Chair Jon Leibowitz, Joins Venable

September 14, 2011, 75 Venable attorneys listed in The Best Lawyers in America® 2012

August 23, 2010, 65 Venable attorneys receive 2011 Best Lawyers honors

November 5, 2009, Best Lawyers recognizes 24 Washington-area Venable attorneys in Washington Post supplement

October 30, 2009, Gary Hailey quoted in Association Trends on nonprofit blogging and new FTC guidelines

February 26, 2009, Gary Hailey discusses FTC's rejection of the Mirror Image Doctrine with Response

August 25, 2008, Fifty-nine Venable Attorneys Earn Best Lawyers in America Honors

October 18, 2004, Lisa Jose Fales Joins Venable's Advertising/Marketing Practice

Honors

Listed in The Best Lawyers in America for Advertising Law (Woodward/White, Inc.)

Legal 500 recognized Mr. Hailey as one of the nation's leading advertising attorneys in the 2009 edition of Legal 500 US

Publications

January 5, 2012, Advertising News & Analysis - January 5, 2011
Jeffrey D. Knowles, Roger A. Colaizzi, Gary D. Hailey, Gregory J. Sater
Advertising Alert

December 15, 2011, Advertising News & Analysis - December 15, 2011
Jeffrey D. Knowles, Roger A. Colaizzi, Gary D. Hailey, Gary D. Hailey, Gregory J. Sater
Advertising Alert

December 8, 2011, Advertising News & Analysis - December 8, 2011
Jeffrey D. Knowles, Roger A. Colaizzi, Gary D. Hailey, Gregory J. Sater, Daniel S. Silverman, Ellen Traupman Berge, Andrew E. Bigart, Mikhia E. Hawkins
Advertising Alert

December 2, 2011, Advertising News & Analysis - December 2, 2011
Jeffrey D. Knowles, Roger A. Colaizzi, Gary D. Hailey, Thomas E. Gilbertsen, Kristalyn J. Loson, Jonathan L. Pompan, Ian D. Volner
Advertising Alert

November 17, 2011, Advertising News & Analysis - November 17, 2011
Jeffrey D. Knowles, Roger A. Colaizzi, Gary D. Hailey, Ashley W. Craig, Stuart P. Ingis, Joshua J. Kaufman
Advertising Alert

November 10, 2011, Advertising News & Analysis - November 10, 2011
Jeffrey D. Knowles, Gary D. Hailey, Thomas A. Cohn, Mikhia E. Hawkins, Stuart P. Ingis, Michael A. Signorelli
Advertising Alert

November 3, 2011, Advertising News & Analysis - November 3, 2011
Jeffrey D. Knowles, Gary D. Hailey, Ian D. Volner, Mikhia E. Hawkins, Gregory J. Sater
Advertising Alert

October 27, 2011, Advertising News & Analysis - October 27, 2011
Jeffrey D. Knowles, Gary D. Hailey, Mikhia E. Hawkins
Advertising Alert

October 21, 2011, Advertising News & Analysis - October 21, 2011
Jeffrey D. Knowles, Gary D. Hailey, Emilio W. Cividanes, Stuart P. Ingis, Ellen Traupman Berge
Advertising Alert

October 13, 2011, Advertising News & Analysis - October 13, 2011
Jeffrey D. Knowles, Gary D. Hailey, Gregory J. Sater, Jonathan L. Pompan, Kristalyn J. Loson, Christopher S. Crook
Advertising Alert

October 7, 2011, Advertising News & Analysis - October 7, 2011
Jeffrey D. Knowles, Gary D. Hailey, Melissa Landau Steinman, Stephen E. Marshall, Ben D. Whitwell
Advertising Alert

September 30, 2011, Advertising News & Analysis - September 30, 2011
Jeffrey D. Knowles, Gary D. Hailey
Advertising Alert

September 22, 2011, Advertising News & Analysis - September 22, 2011
Jeffrey D. Knowles, Gary D. Hailey, Mikhia E. Hawkins, Jonathan L. Pompan,Melissa Landau Steinman
Advertising Alert

September 8, 2011, Advertising News & Analysis - September 8, 2011
Jeffrey D. Knowles, Gary D. Hailey, Mikhia E. Hawkins
Advertising Alert

September 1, 2011, Advertising News & Analysis - September 1, 2011
Jeffrey D. Knowles, Gary D. Hailey, Ellen Traupman Berge, Mark B. Harrison,Mikhia E. Hawkins
Advertising Alert

August 25, 2011, Advertising News & Analysis - August 25, 2011
Jeffrey D. Knowles, Gary D. Hailey, Mikhia E. Hawkins
Advertising Alert

August 18, 2011, Advertising News & Analysis - August 18, 2011
Jeffrey D. Knowles, Gary D. Hailey, Meaghan Hemmings Kent, Claudia A. Lewis-Eng, Melissa Landau Steinman
Advertising Alert

August 11, 2011, Advertising News & Analysis - August 11, 2011
Gary D. Hailey, Jeffrey D. Knowles, Thomas E. Gilbertsen, Janet F. Satterthwaite
Advertising Alert

August 4, 2011, Advertising News & Analysis - August 4, 2011
Gary D. Hailey, Jeffrey D. Knowles, Roger A. Colaizzi, Todd R. Farnsworth, Claudia A. Lewis-Eng, Elissa Brockbank Reese, Janet F. Satterthwaite
Advertising Alert

July 28, 2011, Advertising News & Analysis - July 28, 2011
Jeffrey D. Knowles, Jill B. Deal, Gary D. Hailey, Stuart P. Ingis, Jonathan L. Pompan, Tara Sugiyama Potashnik
Advertising Alert

March 2011, Online Marketer Will Pay FTC $250,000 for Misleading Product Reviews by Affiliates
Gary D. Hailey
Advertising Alert

November-December 2010, Legal Advice on Using the New Media
Gary D. Hailey, Mikhia E. Hawkins
Nonprofit World
Related Topic Area(s): Corporate Governance, Electronic Communications, Employment Law

November 2010, Enforcement Follows Clear Warning in FTC Blogger Case
Jeffrey D. Knowles, Gary D. Hailey
Electronic Retailer Magazine

October 21, 2010, FTC Proposes to Amend "Green Guides" to Cover Association Environmental Certifications and Seals of Approval
Gary D. Hailey
Related Topic Area(s): Antitrust and Trade Regulation

October 2010, FTC Proposes Revised Green Marketing Guides
Melissa Landau Steinman, Ian D. Volner, Gary D. Hailey
Client Alerts

September 2010, Suggested Approaches to Preemption Following the Dodd-Frank Act
CFPB Watch

July 2010, Venable CFPB Watch: Introducing the New Sheriff in Town
CFPB Watch

July 11, 2010, The FTC Fires a Warning Shot After AnnTaylor's Blogging Adventure
Gary D. Hailey, Jeffrey D. Knowles
Response Magazine

November 2, 2009, What Associations Need to Know about the Revised FTC Endorsements and Testimonials Guides
Gary D. Hailey, Mikhia E. Hawkins
Related Topic Area(s): Antitrust and Trade Regulation, Electronic Communications, Meeting, Vendor and Government Contracts, Social Media

October 2009, "New Media" Provisions of Revised FTC Endorsement and Testimonial Guides
Gary D. Hailey
Client Alerts

October 5, 2009, FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising
Jeffrey D. Knowles, Gary D. Hailey
Client Alerts

September 2009, Compare But Beware
Gary D. Hailey
Electronic Retailer Magazine

July 20, 2009, Consumer Financial Protection Agency: A Jack of All Trades but Master of None
William J. Donovan, Suzanne Fay Garwood, Gary D. Hailey
Financial Services Alert

January 1, 2009, Legal Review: FTC Decides 'Results Not Typical' No Longer Good Enough
Gary D. Hailey, Jeffrey D. Knowles
Response Magazine

November 1, 2008, Legal Review: Sometimes, a Second Strike Means You're Out!
Gary D. Hailey, Jeffrey D. Knowles
Response Magazine

July 1, 2008, Legal Review: 'But I'm Not the Only One...' Isn't a Legal Defense
Gary D. Hailey, Jeffrey D. Knowles
Response Magazine

May 1, 2008, Legal Review: FTC Act's Section 5 Apparently Applies Across the Board
Gary D. Hailey, Jeffrey D. Knowles
Response Magazine

March 1, 2008, Legal Review: Q-Ray Ruling Brings Pain to Over-the-Top Advertisers, FTC
Gary D. Hailey, Jeffrey D. Knowles
Response Magazine

November 1, 2007, Legal Review: FTC After Trudeau... In Other News, Liz Taylor to Wed (Again)
Gary D. Hailey, Jeffrey D. Knowles
Response Magazine

September 1, 2007, Legal Review: You Can't Turn Down This 2-for-1 Offer
Gary D. Hailey, Jeffrey D. Knowles
Response Magazine

July 1, 2007, Legal Review: That Seventies Rule - The Magnusson-Moss Warranty Act
Gary D. Hailey, Jeffrey D. Knowles
Response Magazine

May 1, 2007, Legal Review: Finding a Limit to 'Brother's Keeper' Regulations
Gary D. Hailey, Jeffrey D. Knowles
Response Magazine

March 2007, Business Opportunity Rule: A Grave Threat
Gary D. Hailey
Electronic Retailer Magazine

March 1, 2007, Legal Review: 'Results May Vary' May No Longer Suffice for the FTC
Gary D. Hailey, Jeffrey D. Knowles
Response Magazine

January 1, 2007, Legal Review: Looking Back Tells Us What's Ahead for the FTC in 2007
Gary D. Hailey, Jeffrey D. Knowles
Response Magazine

November 1, 2006, Legal Review: You Say Tomato, I Say Placebo
Gary D. Hailey, Jeffrey D. Knowles
Response Magazine

March 1, 2006, Legal Review: Strike Two! You're Out?
Gary D. Hailey, Jeffrey D. Knowles
Response Magazine

January 1, 2006, Legal Review: Customer Complaints? Answer Their Calls!
Gary D. Hailey, Jeffrey D. Knowles
Response Magazine

November 1, 2005, Legal Review: Are You Your Brother's Keeper?
Gary D. Hailey, Jeffrey D. Knowles
Response Magazine

July 1, 2005, Report Your Defective Products to the CPSC Immediately
Gary D. Hailey, Jeffrey D. Knowles
Response Magazine

January 1, 2005, Claiming Sufficient Substantiation Is No Easy Task
Gary D. Hailey, Jeffrey D. Knowles
Response Magazine

November 1, 2004, There's No Escaping an FTC 'Avalanche'
Gary D. Hailey, Jeffrey D. Knowles
Response Magazine

August 1, 2004, Congress Urges FTC to Crack Down on Spammers
Gary D. Hailey
Response Magazine

May 1, 2004, CAN-SPAM Act's 'Primary Purpose' Definition Creates Gray Area
Gary D. Hailey, Jeffrey D. Knowles
Response Magazine

February 1, 2004, Looking Closer at FTC's List of 7 False Weight-Loss Claims
Gary D. Hailey, Jeffrey D. Knowles
Response Magazine

November 1, 2003, FTC Misses Mark in Ab Force Complaint
Gary D. Hailey, Jeffrey D. Knowles
Response Magazine

August 1, 2003, Ex Parte Proceedings Can Be Unfriendly and Expensive for Defendants
Gary D. Hailey, Jeffrey D. Knowles
Response Magazine

February 4, 2003, Supplementary Comments Of The Electronic Retailing Association To The Federal Trade Commission's Workshop and Staff Report On Advertising Of Weight-Loss Products
Gary D. Hailey, Jeffrey D. Knowles

September 1, 2002, We Regulate You. We Regulate You Not
Gary D. Hailey, Jeffrey D. Knowles
Response Magazine

March 1, 2002, National 'Do-No-Call' List
Not the FTC's Only Scary Idea in TSR Proposals
Gary D. Hailey, Jeffrey D. Knowles
Response Magazine

November, 1, 2001, 'Muris Unveils 'Privacy Agenda' Stressing Expanded Enforcement
Jeffrey D. Knowles, Gary D. Hailey
Response Magazine

March 1, 2001, Is Scientific Evidence Enough?;The FTC Requirements for Evidence are Vague at Best
Gary D. Hailey, Jeffrey D. Knowles

January 1, 2001, Protect Yourself With the Truth
Gary D. Hailey, Jeffrey D. Knowles
Response Magazine

October 1, 2000, Is Anyone Safe from the FTC?;The FTC goes after Enforma's producers and hosts
Gary D. Hailey, Jeffrey D. Knowles

February 1, 2000, Big Brother is Still Watching The FTC cracks down on Bumble Bee Seafoods while continuing its efforts to; protect consumers on the Web
Gary D. Hailey, Jeffrey D. Knowles

October 1, 1999, The Legal Issues of the Global Internet Market
Gary D. Hailey
Web Merchant Magazine

September 1, 1999, The Monster in the Mirror: Reflections on the FTC's use of the 'mirror image doctrine'
Gary D. Hailey, Jeffrey D. Knowles
Response Magazine

August 1, 1999, FTC: National Nanny Again?
Gary D. Hailey, Jeffrey D. Knowles
Response Magazine

August 1, 1999, FTC's Web Workshop
Gary D. Hailey, Jeffrey D. Knowles
Response Magazine

July 1, 1999, FTC Rules and the Web
Gary D. Hailey, Jeffrey D. Knowles
Response Magazine

June 1, 1999, Preparing for Your Career at the FTC
Gary D. Hailey

June 1, 1999, Surf's Up at the FTC
Gary D. Hailey
Web Merchant Magazine

May 1, 1999, SPAM Regulated
Gary D. Hailey, Jeffrey D. Knowles
Response Magazine

April 1, 1999, Web Marketers Self-Regulation and Privacy
Gary D. Hailey, Jeffrey D. Knowles
Response Magazine

February 1, 1999, FTC Takes Active Role in Web Marketing: Agency takes traditional enforcement activity online
Gary D. Hailey, Jeffrey D. Knowles
Response Magazine

January 1, 1999, Government Goes Surfing: Agencies team up in search for deceptive Web ads
Gary D. Hailey, Jeffrey D. Knowles
Response Magazine

July 1, 1996, Claim Jumping
Gary D. Hailey

May 1, 1996, Am I My Brother's Keeper? The Federal Trade Commission's Efforts To Expand Indirect Liability For Deceptive Advertising And Marketing Practices
Gary D. Hailey

April 1, 1996, The Fitness Market Is Hot But It's Easy To Get Burned
Gary D. Hailey, Jeffrey D. Knowles
Electronic Retailing Magazine

February 1, 1996, FTC Telemarketing Rule
Gary D. Hailey

February 1, 1996, High-Tech Marketplace Will Lead To Greater Consumer Empowerment According To Speakers At FTC Hearings
Gary D. Hailey

Events/Speaking Engagements

Past Events

May 3, 2011 - May 5, 2011, Response Expo 2011
Jeffrey D. Knowles, Ellen Traupman Berge, Roger A. Colaizzi, Edward F. Glynn, Jr., Gary D. Hailey, Todd A. Harrison, Claudia A. Lewis-Eng, David C. Meyer, Ari N. Rothman, Joe A. Shull, Bret P. Siciliano

February 28, 2011 - March 2, 2011, ERA's Great Ideas Summit
Jeffrey D. Knowles, Edward F. Glynn, Jr., Gary D. Hailey, Claudia A. Lewis-Eng, Todd A. Harrison, Roger A. Colaizzi, Ellen Traupman Berge, Thomas A. Cohn, Mikhia E. Hawkins

January 20, 2010, Complying with the FTC Act when Using Social Media in Advertising (Webinar)
Gary D. Hailey

 
ISLN906779888
 

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FTC Cracks Down on Gold, Credit Marketers for TSR Violations
Roger A. Colaizzi,Gary D. Hailey,Jeffrey D. Knowles,Melissa Landau Steinman,Ian D. Volner, January 31, 2012
On Wednesday, the Federal Trade Commission (“FTC”) announced a pair of enforcement actions and asset freezes relating to alleged violations of the Telemarketing Sales Rule (“TSR”).

FTC Settles with “Fake News” Acai Affiliate Marketers
Roger A. Colaizzi,Gary D. Hailey,Jeffrey D. Knowles, January 31, 2012
On Wednesday, six online marketers agreed to settlements with the Federal Trade Commission ("FTC") that will permanently halt their allegedly deceptive practice of using fake news websites to market acai berry supplements and other weight-loss products.

FTC, Consumer Financial Protection Bureau Sign Memorandum of Understanding
Roger A. Colaizzi,Gary D. Hailey,Jeffrey D. Knowles, January 31, 2012
On Tuesday, the Federal Trade Commission (“FTC”) and the Consumer Financial Protection Bureau (“CFPB”) announced an agreement to coordinate consumer protection efforts and avoid duplication as both agencies perform their law enforcement and regulatory missions. The CFPB was...

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Office Information

Gary D. Hailey
Venable LLP
575 7th Street, NW
Washington, DC 20004




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