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Thomas A. Cohn: Lawyer with LeClairRyan

Thomas A. Cohn

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New York,  NY  U.S.A.
Phone212-430-8020

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Experience & Credentials
 

Practice Areas

  • Advertising and Marketing
  • Advertising and Marketing Litigation
  • Privacy and Data Security
  • Antitrust
  • Consumer Finance
  • Regulatory
 
University Yale College, B.A., 1982
 
Law SchoolBoston University School of Law, J.D., 1985
 
Admitted1985, Massachusetts; 1999, New York; U.S. District Court, District of Massachusetts; U.S. District Court, Eastern and Southern Districts of New York
 
BornToledo, Ohio, July 22, 1960
 
Biography

Thomas Cohn focuses his practice on advising clients on the legal and practical aspects of compliance with Federal Trade Commission regulations and industry self-regulation programs as well as representing clients during investigations and enforcement actions. His clients include a wide variety of online and offline advertisers and marketers, and his practice covers federal and state consumer protection and privacy laws and regulations, including newer ones such as the FTC's ID Theft Red Flags Rule. Mr. Cohn draws on experience gained during his 17-year tenure at the Federal Trade Commission, where he worked as Regional Director for the Northeast Region, as a litigator in the Division of Marketing Practices, and as legal advisor to the Director of the Bureau of Consumer Protection.

Prior to joining Venable, Mr. Cohn served as Director of the Federal Trade Commission's Northeast Region, supervising its professional and support staff and leading multi-agency law enforcement efforts against various anticompetitive, unfair and/or deceptive practices. He was also responsible for numerous local and regional outreach efforts to educate consumers, business groups, and law enforcement agencies about fraud identification and avoidance as well as how to comply with antitrust and consumer protection laws enforced by the FTC, such as the Telemarketing Sales Rule and the CAN SPAM Act. Some of the FTC antitrust cases Mr. Cohn supervised were Rite Aid/Brooks/Eckerd [drugstore merger] and Colegio de Optometras de Puerto Rico [price fixing]. He also oversaw numerous consumer protection enforcement actions, such as BlueHippo [computer financing] and Bookspan [Do Not Call].

In addition to serving as Director of the Northeast Region, Mr. Cohn spent five years in the FTC's Division of Marketing Practices, where he litigated fraud and rule violation cases and coordinated test shoppings of funeral homes for compliance with the Funeral Rule. He played a key role in the development and implementation of the Funeral Rule Offenders' Program, an innovative, self-regulatory alternative to traditional law enforcement. In another role, as Legal Advisor to the Director of the FTC's Bureau of Consumer Protection for four years, he reviewed law enforcement recommendations, Congressional testimony, and other matters for the Director.

Industries

Credit Counseling and Debt Services

Dietary Supplements, Cosmetics and Functional Foods

Consumer Products and Services

Financial Services

Consumer Financial Protection Bureau Task Force

Government Experience

· Legal Advisor to the Director, Bureau of Consumer Protection, Federal Trade Commission

· Northeast Regional Director, Federal Trade Commission

Memberships

· New York State Bar Association, Food, Drug & Cosmetics Section

· New York City Bar Association, Consumer Affairs Committee

News

February 10, 2011, Thomas Cohn quoted on the FTC's efforts to address false health claims

October 29, 2010, Thomas Cohn quoted on new FTC guidelines for green products and practices

September 1, 2010, Thomas Cohn featured on "The Advertising Show"

June 11, 2010, Venable's Advertising & Marketing Practice Wins Chambers USA Award for Excellence

January 21, 2010, Tom Cohn mentioned in multiple articles covering Venable event on FTC priorities

October 9, 2009, Tom Cohn interviewed on NPR's "Marketplace" on new FTC blogger rules

October 7, 2009, Tom Cohn discusses FTC's endorser guidelines on CNNLive.com

July 14, 2009, Thomas Cohn comments on FTC's social media refresh of ad and endorsement guidelines

June 22, 2009, Thomas Cohn quoted in IT Business Edge article on new FTC advertising guidelines

June 3, 2009, Thomas Cohn featured in Compliance Week article on new FTC advertising guidelines

May 22, 2009, Thomas Cohn featured in Econsultancy Q&A on online advertising

May 19, 2009, Thomas Cohn quoted in BusinessWeek article on FTC blogger guidelines

May 4, 2009, Thomas Cohn discusses FTC's new negative option guidelines in DM News

April 15, 2009, Thomas Cohn comments on FTC Consumer Protection Bureau pick in Advertising Age

March 3, 2009, Thomas Cohn quoted in Law360 article on Obama's pick to lead the FTC

February 26, 2009, Thomas Cohn expects aggressive enforcement from likely FTC chair

September 19, 2008, Venable Adds FTC's Former Northeast Regional Director Thomas Cohn To Advertising, Marketing and New Media practice in New York

Honors

Recognized in the 2010 edition of Legal 500, Marketing & Advertising

Publications

He has authored or appeared in articles in Newsday, New York Law Journal, BusinessWeek, DMNews, Advertising Age, Law360 and Computer World.

July 22, 2011, Advertising News & Analysis - July 22, 2011
Jeffrey D. Knowles, Sharon A. Blinkoff, Thomas A. Cohn, Frederick M. Joyce, Michael A. Signorelli
Advertising Alert

January 18, 2011, New Limits on Online Marketing: The Implications for Nonprofit Organizations
Jonathan L. Pompan, Thomas A. Cohn, Michael A. Signorelli
Related Topic Area(s): Antitrust and Trade Regulation, Electronic Communications, Miscellaneous

December 2010, Congress Passes S. 3386 Restore Online Shoppers' Confidence Act
Todd A. Harrison, Thomas A. Cohn, Michael A. Signorelli
Client Alerts

December 2010, Congress Clarifies and Limits FTC ID Theft Red Flags Rule to Take Effect January 1, 2011
Thomas A. Cohn, Jonathan L. Pompan
Related Topic Area(s): Antitrust and Trade Regulation

December 16, 2010, So You Want To Be On The Internet®
Maurice Baskin, Thomas A. Cohn, George E. Constantine, Todd R. Farnsworth, Mikhia E. Hawkins, Lisa M. Hix, George W. Johnston, Matthew T. Journy, Joshua J. Kaufman, Gilead I. Light, Luisa M. Lopez, Caryn G. Pass, Danielle N. Petaja, Janet F. Satterthwaite, Melissa Landau Steinman, Jeffrey S. Tenenbaum, Armand J. (A.J.) Zottola
Related Topic Area(s): Social Media

October 2010, Bloggers Beware: FTC Warns, Then Fires
Thomas A. Cohn
Feedfront Magazine

May 2010, Online Marketing Practices, On the Hot Seat
Jeffrey D. Knowles, Thomas A. Cohn, Michael A. Signorelli
Response Magazine

May 2010, Update On Red Flags Rules: Approaching June 1 Deadline
Heather J. Broadwater, Thomas A. Cohn, Grace H. Lee, Caryn G. Pass
Independent School Law Alert

March 2010, New Trials (and Tribulations) for Negative Option Marketers
Thomas A. Cohn

February 22, 2010, Assessing Associations' Identity Theft Red Flags and Risks
Thomas A. Cohn, Jeffrey S. Tenenbaum
Related Topic Area(s): Antitrust and Trade Regulation, Miscellaneous

October 2009, The "Red Flags" Rule: What Independent Schools Must Know About Complying With New Requirements for Fighting Identity Theft
Heather J. Broadwater, Thomas A. Cohn, Grace H. Lee, Caryn G. Pass
Independent School Law Alert

September 2009, Affiliate Marketing: Caught in the Crosshairs
Jeffrey D. Knowles, Thomas A. Cohn
Online Strategies Magazine

September 2009, The Download - September 2009 - Developments in E-Commerce, Privacy, Marketing, and Information Services Law and Policy
Stuart P. Ingis, Michael A. Signorelli, Emilio W. Cividanes, Thomas A. Cohn, Ellen Traupman Berge, Tara Sugiyama Potashnik, Julia Kernochan Tama
The Download

July 2009, Law Enforcers Take an Interest in Affiliate Marketers
Thomas A. Cohn
Electronic Retailer Magazine

April 21, 2009, Law Enforcement Risks for Advertisers, Affiliates & Networks; FTC Declares Identity Theft Red Flags Rule Applies to Health Care Professionals; FTC Asserts Jurisdiction to Investigate Security of Personal Health Data; Federal Stimulus Package Includes Dramatic Changes to Health Privacy and Security Law; NCTA v. FCC: The Use of Consumer Information for Marketing Purposes; Massachusetts Revises and Further Delays Implementation of New Data Security Regulations
Stuart P. Ingis, Michael A. Signorelli, Emilio W. Cividanes, Thomas A. Cohn, Ellen Traupman Berge, Tara Sugiyama Potashnik, Julia Kernochan Tama
The Download

January 12, 2009, The "Red Flags" Rule: New FTC Requirements for Fighting ID Theft
Thomas A. Cohn
Associations Now and ASAE's Dollars & Cents

January 8, 2009, Federal Trade Commission Announces Proposed Changes to its Guides Concerning Endorsements or Testimonials in Ads
Thomas A. Cohn, Sharon A. Blinkoff
ICMAD Digest

November 13, 2008, FTC Red Flags Rule Overview for Associations
Thomas A. Cohn
Related Topic Area(s): Antitrust and Trade Regulation, Electronic Communications

Events/Speaking Engagements

While an FTC Northeast Regional Director, Mr. Cohn appeared in more than 120 local, regional and national news stories and gave more than 220 speeches and presentations to consumer and business groups, government agencies and others addressing consumer protection topics. Since joining Venable, he has spoken at conferences on cyber-risk insurance and promotional marketing, and taught a CLE course on hot topics in advertising law.

Upcoming Events

November 15, 2011 - November 16, 2011, PMA's 33rd Annual Marketing Law Conference
Thomas A. Cohn, Roger A. Colaizzi, Claudia A. Lewis-Eng, Melissa Landau Steinman

January 9, 2012, "Affiliates Under Fire: Next Steps, Best Practices" at Affiliate Summit West
Thomas A. Cohn

February 24, 2012, Green Technology Law and Business 2012: Strategies for Investment and IP Protection, and What Mainstream Companies Need to Know About CleanTech
Thomas A. Cohn

Past Events

October 6, 2011, "Social Media & Testimonials," ESRP's Advertising Week Summit
Thomas A. Cohn

August 22, 2011, "Using Testimonial Claims in Social Media Platforms" at Affiliate Summit East
Thomas A. Cohn

April 28, 2011, FDA Workshop NYC, Independent Cosmetic Manufactures and Distributors (ICMAD)
David G. Adams, Sharon A. Blinkoff, Thomas A. Cohn, Edward F. Glynn, Jr.

April 7, 2011, Venable Breakfast Briefing: "Inside Consumer Protection Enforcement with the FTC"
Thomas A. Cohn

March 21, 2011, "Special Topics in Internet Marketing," PLI's Hot Topics in Advertising Law 2011
Thomas A. Cohn

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 10, 2011, "The Regulatory Landscape for Advertisers, Affiliates, Networks," Affiliate Summit West
Thomas A. Cohn

December 8, 2010 - December 9, 2010, AffCon 2010 - Miami: The Affiliate Marketing Conference
Thomas A. Cohn, Ari N. Rothman

November 19, 2010, PMA's 32nd Annual Marketing Law Conference
Melissa Landau Steinman, Thomas A. Cohn, Claudia A. Lewis-Eng

August 16, 2010, "Ask the Experts" at Affiliate Summit East 2010
Thomas A. Cohn

May 19, 2010, "FTC's ID Theft Red Flags Rule and ID Theft Prevention Policy - What Does Your Firm Have To Do To Comply?" webinar presented by American Council of Engineering Companies
Thomas A. Cohn

April 29, 2010, FDA Cosmetic Regulations Workshop
David G. Adams, Sharon A. Blinkoff, Thomas A. Cohn, Edward F. Glynn, Jr.

April 19, 2010, Defining Affiliate Fraud Vs. Poor Quality Traffic and What We Can Do About It
Thomas A. Cohn

March 17, 2010, "The Practice of Advertising Law: An Insider's View" at the New York City Bar Consumer Affairs Committee Meeting
Thomas A. Cohn

March 3, 2010, "Social Media and the Internet" at the Annual Meeting of the New York State Bar Association
Sharon A. Blinkoff, David G. Adams, Thomas A. Cohn

January 18, 2010, "Law Enforcement Risks for Advertisers, Affiliates and Networks" at the Affiliate Summit West 2010
Thomas A. Cohn

January 14, 2010, Venable LLP Presents, "Inside the FTC with Leonard L. Gordon, Northeast Regional Director"
Thomas A. Cohn

September 22, 2009, "Information Security for Nonprofits" at the New York Better Business Bureau Foundation
Thomas A. Cohn

August 11, 2009, Affiliate Summit East 2009 Conference
Thomas A. Cohn

June 25, 2009, Hot Topics in Advertising Law and Responding to Government Investigations
Thomas A. Cohn

June 17, 2009, "What the Regulatory Tea Leaves Should Be Telling You About How to Grow Your Business in the Next 12-24 Months" at DM Days New York
Thomas A. Cohn

April 21, 2009, Top 10 Tips To Avoid/Handle a Government Investigation—For Advertisers, Affiliates & Networks
Emilio W. Cividanes, Todd A. Harrison, Thomas A. Cohn, Lisa Jose Fales

March 12, 2009, Supplements & Over-The-Counter Marketing: Counseling and Crisis Management Lunch Briefing and Webinar
Thomas A. Cohn, Sharon A. Blinkoff, Todd A. Harrison

March 11, 2009, Cosmetics Marketing: Counseling and Crisis Management Lunch Briefing and Webinar
Thomas A. Cohn, Sharon A. Blinkoff, Claudia A. Lewis-Eng

February 19, 2009, IAB's Legal Affairs Council - Responding to FTC Investigation
Thomas A. Cohn

January 21, 2009, NYC Bar Consumer Affairs Committee's monthly meeting - FTC's proposed revisions to Endorsement/Testimonial Guides
Thomas A. Cohn

December 11, 2008, Venable hosts "E-Tail Details 2.0: Online/Offline Advertising and Marketing Law"
Thomas A. Cohn, Ellen Traupman Berge, Stuart P. Ingis

November 20, 2008 - November 21, 2008, "More Compliance: Fees, Fines and Fear in the World of Gift Cards and Rebates" at the 30th Annual PMA Promotion Marketing Law Conference
Melissa Landau Steinman, Thomas A. Cohn

October 23, 2008, Financial Markets Go Up and Down, but Government Regulation Marches On..
Thomas A. Cohn, Emilio W. Cividanes

October 22, 2008, The NYC Bar's Annual Program on Hot Topics in Advertising & Marketing
Thomas A. Cohn

September 18, 2008 - September 19, 2008, Advanced Forum on Cyber Risk Insurance
Thomas A. Cohn

 
ISLN908292705
 

Documents by this lawyer on Martindale.com

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Recognize and Safeguard Against Consumer Regulatory Perils
Thomas A. Cohn, February 8, 2012
Regulatory scrutiny is at an all-time high for advertising and marketing of consumer products sold through various channels: clicks, bricks, as well as broadcast, print and direct mail. To heighten consumer interest and sales, advertisers often make claims that may be deceptive, misleading, or...

And Then There Were 11: FTC Shuts Down More Fake News Sites Citing Deceptive Dietary Supplement Claims
Thomas A. Cohn, December 5, 2011
Continuing its crackdown on deceptive health claims, the FTC and Connecticut have sued to stop an operation that allegedly used fake news websites to market their products, made deceptive weight-loss claims, and told consumers they could get free trials of acai berry and "colon cleanse"...
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Office Information

Thomas A. Cohn
LeClairRyan
830 Third Avenue, Fifth Floor
New York, NY 10022




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