Michael S. Blume

Firm/Organization: Venable LLP

Blogs: All About Advertising Law, Health Law | STAT

Latest Articles

Stop the Presses: Third Circuit Limits FTC’s Access to Federal Court for Past Conduct

By Leonard L. Gordon, Michael S. Blume, Ellen T. Berge, Mary M. Gardner & Matthew S. Renick on February 26, 2019

The Federal Trade Commission suffered a significant blow yesterday. In a decision that many saw coming—bloggers here included—the Third Circuit curtailed authority the FTC has been using for decades to confront allegedly unlawful past conduct. The decision has a direct impact on the ability of the FTC to obtain injunctions against defendants for alleged past misdeeds. In its ruling, the Third Circuit held that the FTC can only go directly into federal court where it…

All About Advertising Law

DOJ Reverses Course on the Wire Act, Changing the Odds on the State-Regulated Gambling Industry

By Kathleen K. Sheridan, Andrew E. Bigart & Michael S. Blume on February 6, 2019

The regulatory framework for online gambling recently took a wild turn when the Department of Justice Office of Legal Counsel (“OLC”) announced its view that the Wire Act (18 U.S.C. § 1084) applies to all forms of gambling—not merely sports betting. This marked a 180-degree reversal from the stance the OLC took just seven years earlier. The OLC’s 2011 opinion—which itself departed from public positions the DOJ had previously taken—was the foundation upon which…

All About Advertising Law

The FTC Has New Enforcement Authority in the Fight against Opioid Addiction

By Michael S. Blume on January 8, 2019

The government is serious about opioids. We can see that in the many big, headline-grabbing steps it is taking to confront the problem. We can also see it in a number of small, less well-known steps it has taken. These often unheralded actions are strong evidence that the government is thinking hard, thinking creatively, and thinking aggressively. We will discuss one of those actions here: the unleashing of the FTC into the opioid field. To…

All About Advertising Law

DOJ Signals Changes to Its Corporate Enforcement Policy

By Michael S. Blume, W. Warren Hamel, George Kostolampros, Kan M. Nawaday & Stephen T. Salsbury on December 12, 2018

Deciding whether to voluntarily disclose information to the government is difficult. Any guidance from the government as to what it expects from organizations and how it will reward self-disclosures should thus be welcome. In a recent appearance at a conference on the Foreign Corrupt Practices Act, Deputy Attorney General Rod Rosenstein announced several changes to DOJ’s corporate enforcement policy. Notably, his statements rolled back some of the requirements set forth in the eponymous “Yates …

All About Advertising Law

All I Do is Win, Win, Win?: SEC Settles Charges with Floyd Mayweather and DJ Khaled

By Michael S. Blume & Kathleen K. Sheridan on December 11, 2018

In the iconic words of DJ Khaled: “Another one.” That’s right, folks. Another round of celebrities have fallen on the wrong side of the federal government’s enforcement of its advertising disclosure rules. Recently, the SEC announced that it settled charges against Floyd Mayweather (professional boxer) and DJ Khaled (entertainer and music producer) for failing to tell their social media followers that they received money for promoting investments in Initial Coin Offerings (“ICOs”). This case is…

All About Advertising Law

There is an Assault on the FTC’s Powers – Can it Withstand the Battering?

By Michael S. Blume, Leonard L. Gordon & John Cooney on December 10, 2018

The FTC has long claimed expansive authority under the FTC Act to obtain injunctions and monetary judgments. Its claim to that expansive authority is somewhat creative, however, and has always rested on a shaky foundation. Litigants have begun taking aim at that claimed authority. In recent blog posts, we have written about challenges to the prevailing standard that governs when the FTC can obtain an injunction. Such challenges are enjoying some measure of success; important…

All About Advertising Law

Cell Cultured Food—FDA and USDA Reach Agreement on Splitting Up Oversight

By Michael S. Blume on November 28, 2018

Previously on the blog, we noted that federal government agencies don’t always play well together. So, when these agencies synchronize their efforts, the industry would do well to take notice. One such coordination effort is well underway. The FDA and the USDA just announced that they will jointly oversee cell‑cultured food production derived from livestock and poultry. The FDA and the USDA’s announcement follows the agencies’ October 2018 public meeting, where they met…

All About Advertising Law

The Department of Justice Has a New Consumer Task Force – What Does It Mean for You?

By Michael S. Blume on August 6, 2018

Deputy Attorney General Rod Rosenstein – the second-highest-ranking official at the Department of Justice – recently announced the formation of the Task Force on Market Integrity and Consumer Fraud. The announcement came at a widely publicized press conference, a signal that the Task Force ranks high on the list of the Department’s law enforcement priorities. Given the prominence of the Task Force, all businesses would be well served by understanding what it is and what…

Health Law | STAT

“Off-label” Cases Aren’t Going Away – DOJ Sheds Light on Direction of Enforcement of Misbranding Rules Governing Medical Products

By Michael S. Blume, Kan M. Nawaday & Stephen T. Salsbury on March 13, 2018

On February 28, Ethan Davis, the U.S. Department of Justice’s (DOJ) deputy assistant attorney general responsible for consumer protection, gave a speech discussing the Department’s plans for enforcement of laws governing the marketing of medical products. Mr. Davis highlighted recent DOJ enforcement actions and previewed how the Department intends to approach the issue in the Trump administration. The speech was an important marker of how the current administration will navigate the tension between First Amendment…

All About Advertising Law

FDA, CPSC & the Need for Speed: Recent Actions Highlight Importance of Promptly Reporting Product Safety Issues

By Heather Bramble, Todd H. Halpern & Michael S. Blume on February 7, 2018

On consecutive days last month, both the Consumer Product Safety Commission (CPSC) and the U.S. Food and Drug Administration (FDA) made clear that delays in reporting potential product hazards or defects could significantly damage a company’s reputation and bottom line. The message from these agencies is clear—manufacturers and distributors of products regulated by CPSC and/or FDA would be wise to ensure their product quality processes and compliance programs enable swift communication to regulators and the…

Michael S. Blume

Stop the Presses: Third Circuit Limits FTC’s Access to Federal Court for Past Conduct

DOJ Reverses Course on the Wire Act, Changing the Odds on the State-Regulated Gambling Industry

The FTC Has New Enforcement Authority in the Fight against Opioid Addiction

DOJ Signals Changes to Its Corporate Enforcement Policy

All I Do is Win, Win, Win?: SEC Settles Charges with Floyd Mayweather and DJ Khaled

There is an Assault on the FTC’s Powers – Can it Withstand the Battering?

Cell Cultured Food—FDA and USDA Reach Agreement on Splitting Up Oversight

The Department of Justice Has a New Consumer Task Force – What Does It Mean for You?

“Off-label” Cases Aren’t Going Away – DOJ Sheds Light on Direction of Enforcement of Misbranding Rules Governing Medical Products

FDA, CPSC & the Need for Speed: Recent Actions Highlight Importance of Promptly Reporting Product Safety Issues

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