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Federal Trade Commission Practice
We are the only franchise practice in the U.S. with three veterans of the FTC among its partners:
- John Tifford served as the Coordinator of the FTC’s Franchise Rule from 1976-87, when he joined private practice. On his watch, the Commission completed adoption of, and launched, the Franchise Rule. He oversaw almost a decade of the FTC’s enforcement and compliance advice activities. During his earlier years at the FTC, John served in a similar capacity with respect to the FTC’s Land Sales Program.
- David Koch served two stints at the FTC. His first term of service ran from 1984-1987, when he was a staff attorney in the FTC’s Bureau of Competition. Dave then returned to his native Illinois to serve the 85th General Assembly of Illinois as Legal Counsel to the Minority Leader. Following that, he rejoined the FTC in Washington, where, until 1989, Dave served as an Attorney-Advisor to Hon. Daniel Oliver, Chairman of the Federal Trade Commission.
- Lee Plave served from 1983-87 in the FTC’s Bureau of Consumer Protection, within its Division of Enforcement. There, he was named Coordinator of the FTC’s Used Car Rule, and served in that capacity from just before the Rule was launched through the initial period of business and consumer education. Lee also served as a senior staff attorney on the FTC’s Funeral Rule enforcement team before he left the Commission’s staff in 1987 to join private practice.
Since joining private practice, John, Dave, and Lee have handled many matters before the FTC. Some of their work is public, in that it has been litigated, although much of it remains non-public, due to the successful closure of investigations or the resolution of investigations short of full public litigation and settlements. Some of their work in private practice has included:
- Defending investigations and litigation initiated by the FTC (through its headquarters and regional offices) alleging violation of the FTC Franchise Rule as well as its Business Opportunity Sales rules.
- Responding to investigatory letters, demands, administrative subpoenas, document requests, and the like in various investigations.
- Defending clients in depositions taken by FTC staff.
- Presenting clients’ cases and perspectives for consideration by senior FTC staff.
- Testimony at FTC public panels on rulemaking initiatives.
- Submission of extensive substantive comments to the FTC in connection with rulemaking initiatives.
- Preparation and submission of exemption requests on behalf of clients seeking to be excluded from coverage under the Franchise Rule.
Defending franchisors and others in investigations alleging violation of Section 5 of the Federal Trade Commission Act in cases involving franchising, advertising, marketing and sale of food and related products, business opportunities, accounting operations, and publishers.
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