Mindy Pava

Firm/Organization: Kelley Drye & Warren LLP, Kelly IP LLP

Blogs: Ad Law Access, CommLaw Monitor, Labor Days, On Competition Law and Economics

Latest Articles

Section 13 (b)log: Direct Seller Stands Its Ground: Neora Seeks Declaratory Judgment Against the FTC, Challenging the Agency’s Section 13(b) Authority

November 5, 2019

The continuing questions over the extent of the FTC’s enforcement authority to obtain monetary relief under Section 13(b) did not stop the Commission from filing a lawsuit on November 1 against multi-level marketer Neora, LLC and its CEO Jeffrey Olson for purportedly operating an illegal pyramid scheme that used deceptive marketing to sell supplements, skin creams and other products. Pursuant to Section 13(b), the FTC seeks an injunction to stop Neora’s alleged pyramid scheme and…

Ad Law Access

Section 13 (b)log: Business As Usual? FTC Practice in the Wake of Shire ViroPharma and Credit Bureau Center

By Mindy Pava & Khouryanna DiPrima

October 22, 2019

The reach of Section 13(b) of the FTC Act – and the extent of the FTC’s enforcement authority — has been a hotly-debated topic following the Third Circuit’s decision in Shire ViroPharma and the Seventh Circuit’s decision in Credit Bureau Center. In this first installment of what we are calling the “Section 13 (b)log,” we summarize a recent discussion between Bikram Bandy (FTC Chief Litigation Counsel), John Villafranco (Kelley Drye), Berin Szoka (Tech Freedom), and Noah Kaufman (Morgan Lewis) on this issue during an ABA Antitrust Law Section…

Ad Law Access

“Untangling the Knot” or “A Grant of Immunity to Brazen Scammers”? The 7th Circuit Rejects Restitution as a Remedy under Section 13(b) of the FTC Act

By John E. Villafranco & Mindy Pava

August 26, 2019

Last week, the U.S. Court of Appeals for the Seventh Circuit cannonballed directly into the roiling waters of debate over the Federal Trade Commission’s enforcement powers, when it determined in a closely-watched appeal that the agency does not have the right to restitution under the primary provision the Commission uses to attack fraud — Section 13(b) of the FTC Act. The decision is certain to lead to other challenges to the agency’s authority, and has…

Ad Law Access

The Slack Fill Dismissal Streak Continues in the Southern District of New York

By Kristi Wolff, Jaclyn Metzinger & Mindy Pava

August 2, 2019

A label contains an accurate net weight of the amount of product inside. The packaging is clear, allowing consumers to view a pump mechanism common in the cosmetics world. So, where’s the deception? According to the Southern District of New York – there is none. In Critcher et al. v. L’Oreal USA, Inc., et al., 1:18-cv-05639 (S.D.N.Y.), the Court recently held that reasonable consumers would not be deceived by a cosmetics bottle utilizing a pump…

CommLaw Monitor

D.C. Circuit Issues Landmark Decision Reviewing FCC’s 2015 TCPA Declaratory Ruling and Order, Sets Aside FCC’s Clarifications of an ATDS and Treatment of Reassigned Numbers

By Steve Augustino, Alysa Zeltzer Hutnik, Lauri Mazzuchetti & Mindy Pava

March 16, 2018

Today, the U.S. Court of Appeals for the D.C. Circuit issued its long-awaited decision reviewing the FCC’s 2015 TCPA Declaratory Ruling and Order. In the case of ACA International v. FCC, Case No. 15-1211, the Court, in a 3-0 opinion authored by Judge Srinivasan, granted in part and denied in part the various petitions for review. It set aside the FCC’s clarifications of an ATDS and its one-call safe harbor for reassigned numbers but upheld…

Implementation of the Damages Directive: The Changing Landscape of EU Competition Law

By Mindy Pava

July 27, 2016

Somewhat overshadowed by media attention surrounding the repercussions of the Brexit vote and subsequent impact on the United Kingdom’s laws and economy, the landscape of Europe’s competition law regime is undergoing a notable change this year, as well. By December 27, 2016, each EU member state is required to implement the European Union’s Damages Directive (2014/104/EU) – meaning that each state must offer a mechanism to facilitate private enforcement of damages claims for the infringement…

On Competition Law and Economics

Implementation of the Damages Directive: The Changing Landscape of EU Competition Law

By Mindy Pava

July 27, 2016

Labor Days

What Companies Who Employ Independent Contractors Should Learn from Uber

By Ira Kasdan, Joseph Wilson & Mindy Pava

September 11, 2015

In a closely-watched decision involving a challenge to the business model used by ride-hailing company Uber Technologies, Inc., a California federal judge agreed to certify a class of California drivers who claim to have been misclassified as independent contractors instead of employees. On September 1, 2015, in O’Connor, et al. v. Uber Technologies Inc., et al., Case No. 13-cv-3826, U.S. District Judge Edward M. Chen of the U.S. District Court for the Northern District of…

Mindy Pava

Section 13 (b)log: Direct Seller Stands Its Ground: Neora Seeks Declaratory Judgment Against the FTC, Challenging the Agency’s Section 13(b) Authority

Section 13 (b)log: Business As Usual? FTC Practice in the Wake of Shire ViroPharma and Credit Bureau Center

“Untangling the Knot” or “A Grant of Immunity to Brazen Scammers”? The 7th Circuit Rejects Restitution as a Remedy under Section 13(b) of the FTC Act

The Slack Fill Dismissal Streak Continues in the Southern District of New York

D.C. Circuit Issues Landmark Decision Reviewing FCC’s 2015 TCPA Declaratory Ruling and Order, Sets Aside FCC’s Clarifications of an ATDS and Treatment of Reassigned Numbers

Implementation of the Damages Directive: The Changing Landscape of EU Competition Law

Implementation of the Damages Directive: The Changing Landscape of EU Competition Law

What Companies Who Employ Independent Contractors Should Learn from Uber

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