Leonard L. Gordon

Government Experience

• Senior Attorney, Federal Trade Commission
• Regional Director, Northeast Regional Office, Federal Trade Commission

Representative Matters

Matters at Venable

• Representing a coaching and mentoring company on compliance work and in connection with an FTC investigation
• Successfully resolved antitrust claims made against a manufacturer for tying, monopolization, and price discrimination
• Representing several payment processors in ongoing FTC investigations into concerns the companies violated the law by processing for certain high-risk merchants
• Successfully represented a pharmaceutical manufacturer against a telehealth company for unfair competition and trademark infringement Claims resolved favorably
• Represented several executives at payment processors in resolving FTC claims against them
• Successfully represented a trade association in litigation brought against the association and its members alleging antitrust claims.Obtained dismissal with prejudice for all claims against our client
• Represented a major luxury brand as a third-party witness in FTC’s litigated challenge to a luxury goods merger
• Represented a major technology company as a third-party witness in several FTC merger investigations
• Representing a major telecommunications company in several advertising challenges before the NAD
• Successfully represented fitness class aggregator ClassPass in obtaining DOJ clearance on its sale to MindBody after DOJ issued a second request
• Successfully represented a real estate education company in litigation brought by the FTC and the state of Utah alleging inflated and unsubstantiated earnings claims. Case settled for a small fraction of what the plaintiffs initially sought
• Representing a fintech company in a New York AG investigation into multiple aspects of its business
• Defending a membership club in litigation brought by the CFPB into alleged deceptive enrollment practices
• Represented several ticket brokers in successfully resolving the first cases that the FTC brought under the Better Online Ticket Sales Act
• Successfully resolved claims against a payment processor in litigation brought by the FTC seeking to hold the processor liable for all the alleged illegal conduct of two of its merchant customers. Case settled for a small fraction of what the FTC sought before litigation
• Filed an amicus brief in the Northern District of Illinois for the Electronic Transactions Association supporting efforts to have the Illinois Interchange Fee Prohibition Act declared preempted by federal law
• Filed an amicus brief in the U.S. Supreme Court for the Electronic Transactions Association regarding the FTC's ability to obtain joint and several liability against a payment processor
• Defended a publicly traded payment processing company in a CFPB investigation; obtained dismissal of claims based on CFPB's misconduct during discovery
• Represented multiple manufacturers of dietary supplements in FTC investigations into their advertising; several closed without agency action
• Represented several payment processors in FTC investigations into whether the processors should be held liable for their roles in processing credit card payments for entities that were sued by the FTC; closed without agency action
• Represented multiple entities in the coaching and mentoring industry in FTC investigations into their advertising and marketing; several closed without agency action
• Represented clients in numerous state attorney general and FTC investigations involving advertising and negative option marketing, resulting in successful outcomes
• Handled multiple FTC investigations involving advertising and marketing issues in the dietary supplement industry
• Resolved FTC investigations involving "green claims"
• Handled multiple representations involving privacy and data security investigations
• Currently representing Perdue in litigation involving alleged price fixing by poultry companies. Multiple cases were brought by broiler chicken purchasers consolidated in the Northern District of Illinois (In re Broiler Chicken Antitrust Litigation)
• Represented Perdue in cases involving an alleged agreement by poultry companies on grower compensation. Cases were brought by a putative class of growers in the Eastern District of Oklahoma (In re Broiler Chicken Grower Litigation). Case was successfully resolved
• Advised numerous trade associations and standard-setting organizations on antitrust and consumer protection issues

Matters While at the FTC

Antitrust

• Managed a challenge to a $760 million merger in an institutional pharmacy business; resulted in a consent decree after litigation began (In Re Omnicare)
• Directed the review and analysis of more than a dozen hospital mergers
• Managed and served as lead counsel in a challenge to an acquisition in the educational marketing data industry; obtained a consent decree providing for divestitures after several months of administrative litigation (In Re Dun & Bradstreet)
• Managed a challenge to an acquisition in the herbicide industry that resulted in a consent decree providing for divestitures; worked with Canadian and UK competition authorities in obtaining relief (In Re Nufarm)
• Managed a challenge to an acquisition in the radiopharmacy industry that resulted in a consent decree that provided for divestitures (In Re Cardinal Health)
• Managed and led a challenge to an acquisition in the lubricants industry that resulted in a consent decree that provided for divestitures (In Re Lubrizol)
• Managed an investigation into the hospital system’s acquisition of the two leading cardiology practices in Spokane, Washington; transaction was ultimately abandoned after concerns were expressed (In Re Providence Health)
• Served as lead attorney in an investigation into price fixing and boycotting; investigation led to the entry of a consent decree (In Re Puerto Rico Association of Endodontists)
• Served as one of the key members of the team investigating the Rite Aid-Jean Coutu “Eckerd” merger that resulted in a consent decree requiring the divestiture of stores (In Re Rite Aid)
• Served as one of the key members of the team that investigated the Colegio de Optómetras for price fixing; investigation resulted in the entry of a consent decree (In Re Colegio De Optómetras)

Consumer Protection

• Managed a case and served as lead trial counsel; argued commission appeal of case against a seller of supplements that purported to treat and cure cancer; obtained cease and desist order from administrative law judge, affirmed by the commission and the DC Circuit (In Re Daniel Chapter One)
• Managed a case against Home Assure, a mortgage foreclosure rescue company, and its principals. Matter settled for $2.3 million, representing full consumer redress
• Managed a case against Academy, a debt collector. Matter settled for a $2.25 million judgment—at the time, it was the highest judgment in a debt collection case
• Managed a case against Comcast for Do Not Call violations related to entity-specific violations; matter settled for a $900,000 civil penalty
• Managed a case against Bronson Partner, sellers of weight loss products; obtained a summary judgment on liability, and court entered a $1.94 million judgment after an evidentiary hearing on monetary relief; Second Circuit affirmed
• Managed a case against Classic Closeouts, an electronic merchant for unauthorized billing; the matter settled, and the principal was charged criminally based on the investigation
• Managed a case against Preferred Platinum Services Network, a seller of work-at-home opportunities. Matter settled, and principal was charged with and pleaded guilty to criminal charges based on the investigation 

Education

• J.D. with honors George Washington University Law School 1988
• B.A. George Washington University 1985

Bar Admissions

• District of Columbia
• Maryland
• New York

Court Admissions

• U.S. Supreme Court
• U.S. Court of Appeals for the Fourth Circuit
• U.S. Court of Appeals for the Eleventh Circuit
• U.S. District Court for the Southern District of New York

• Chambers USA, Advertising: Transactional & Regulatory, Nationwide, 2019 – 2024
• Legal 500
  • Finance - Financial Services Regulation, 2024
  • Media, Technology and Telecoms – Advertising and Marketing – Transactional, and Regulatory, 2012, 2019 – 2020, 2022 – 2024
  • Technology: Data Protection and Privacy, 2013
• The Best Lawyers in America, Advertising Law, 2023 – 2025