Keller and Heckman’s consumer protection practice areas include advertising and promotions, privacy, data security and digital media, as well as product safety. We counsel clients on a range of compliance issues, engage in public policy advocacy, assist with transactions, work to advance sound self-regulation and industry standards, and defend businesses facing government and private enforcement and litigation. Our clients include companies that make or sell consumer products, foods, drugs, dietary supplements, resins, telecommunications equipment, machinery, chemicals, as well as technology companies. We also represent trade associations.
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Sheila Millar counsels corporate and association clients on advertising, privacy, product safety, and other public policy and regulatory compliance issues. She helps clients develop privacy policies, data security and access procedures, manage trans-border data flows and create training programs. Ms. Millar also has special expertise in all issues related to the sale, advertising and marketing of children’s products, and has appeared at Federal Trade Commission workshops on advertising literacy and children’s privacy.
Douglas Behr represents business, trade associations, and individuals before federal and state trial and appellate courts, regulatory bodies, and licensing forums with a concentration on Lanham Act false advertising, contract disputes, white collar crime defense, product liability, and trade regulation controversies. He also advises members of the business community on litigation avoidance, and works with health care professionals and others on matters regulated by the Drug Enforcement Administration.
Richard Mann provides counseling and represents business and trade association clients in disputes relating to advertising, promotional, and labeling claims and compliance issues, as well as antitrust and general business and corporate law issues.
Mr. Mann has extensive experience working with clients in the development of legally compliant advertising, promotional, and labeling claims and campaigns, including the development of appropriate substantiation for such claims. He also works with clients in the design and execution of sweepstakes and contests. He frequently represents clients in proceedings at the Food and Drug Administration, the Federal Trade Commission, the National Advertising Division of the Council of Better Business Bureaus, the Department of Justice, the Consumer Product Safety Commission, other regulatory agencies and ADR organizations, and the courts.
Tracy Marshall provides counsel on advertising, privacy, data security, intellectual property, and general business and transactional matters. She helps clients comply with laws governing telemarketing, text messaging, and commercial e-mail messages, contests and sweepstakes, endorsements, marketing to children, data security, and data breach notification. She also assists with establishing best practices for data collection, use, storage, and sharing, and managing outsourcing arrangements and trans-border data flows. In addition, she assists with drafting and implementing privacy, data security, and breach notification policies and website terms and conditions. She is a Certified Information Privacy Professional through the International Association of Privacy Professionals.
Christopher Van Gundy’s practice focuses on food law litigation, regulation, and policy, including class actions, supply chain liability and authenticity (“food fraud”) issues, false advertising and food marketing claims, brand protection, trademark disputes, distribution disputes, and development and enforcement of food standards. Prior to joining the firm, Mr. Van Gundy was instrumental in expanding and managing the litigation department of Roll Law Group PC, providing counsel and representation for such brands as FIJI Water, POM Wonderful, Wonderful Brand almonds and pistachios, Paramount Citrus, and Justin Wine, to name a few. Mr. Van Gundy’s most recent work included the successful outcome in POM Wonderful v. The Coca-Cola Company before the U.S. Supreme Court involving issues of food regulation and Lanham Act liability, and in obtaining a seminal decision to decertify a class alleging food false health claims. Together with Partner Robert S. Niemann, Mr. Van Gundy is a founder and co-chair of the California State Bar’s Food Law Committee. He has been selected as a California Super Lawyer, and is AV Preeminent rated with Martindale Hubbell.
Jean-Cyril Walker regularly advises clients on product stewardship and risk management considerations affecting industrial and consumer products. This approach not only includes assessing compliance with the Federal Hazardous Substances Act, other Consumer Product Safety Commission requirements, state volatile organic compound limitations, toxics in packaging laws (commonly known as CONEG), but also advising on country of origin labeling, federal Fair Packaging and Labeling Act requirements, state weights and measures statutes, as well as environmental marketing claims and attendant substantiation. Mr. Walker also works closely with clients to address the increasing array of consumer product requirements, with special emphasis on cadmium, lead, and mercury restrictions in packaging and electronic products.
Nathan Cardon has extensive experience in dealing with administrative law and procedure, including both writing and applying regulations. He counsels clients on privacy, cybersecurity, data security, advertising, labeling, and other consumer protection issues. This includes compliance with laws and regulations governing children’s privacy, marketing to children, mobile apps, commercial email messages, online behavioral advertising, contests and sweepstakes, endorsements and testimonials, data breach notification, and cybersecurity. He also advises clients on risk management and product safety strategies, as well as on compliance with U.S. Consumer Product Safety Commission requirements. He formerly served as senior counsel to a presidentially-appointed commissioner at the CPSC, working closely with colleagues on both sides of the aisle and with the professional staff.