Christopher B. Leach

FTC Consumer Protection Matters

• Represented US company selling automotive products in FTC investigation related to Made in USA claims.
• Represented service providers in major multi-level marketing company in FTC investigation.
• Represented gig-economy platform in FTC investigation related to earnings claims and Business Opportunity Rule.
• Represented trading platform in connection with FTC order compliance.
• Represented digital healthcare marketplace operator in investigations related to compliance with FTC order.
• Represented for-profit education company in FTC investigation related to advertising and telemarketing practices.
• Represented international technology company before FTC in connection with investigation into advertising and telemarketing practices.*
• Represented cryptocurrency company in FTC investigations related to advertising and fraud prevention.*
• Represented SaaS provider in connection with multiple state AG and FTC investigations related to customer activities.*
• Represented automotive company before the FTC in connection with data privacy and right-to-repair issues.*
• Represented industry group in connection with rulemaking on automotive sales.*
• Represented social media company in suit by privacy group under the Freedom of Information Act to obtain confidential documents produced to the FTC.*

Advertising Disputes

• Represented consumer cooking oil manufacturer in dispute with competitor before National Advertising Division related to purity claims.
• Represented telecommunications company before National Advertising Division in connection with alleged deceptive advertising.*

Consumer Protection Counseling

• Advise companies in connection with potential acquisitions and deal diligence.
• Advise international technology company on automatic renewal laws.
• Advised social media company regarding privacy issues.
• Counseled pharmaceutical manufacturer on health privacy issues.
• Counseled direct marketing companies regarding earnings claims and advertising compliance.
• Advised online retailer regarding pricing and advertising practices.*
• Counseled major consumer brand regarding warranty practices.*

Consumer Litigation

• Defended social media company in litigation brought by class action plaintiffs and government entities relating to alleged data misuse by a third party. Claims included the Stored Communications Act, the Wiretap Act, the Video Privacy Protection Act, various state consumer protection statutes and common law privacy torts.*
• Defended social media company in suit brought by the Irish Data Protection Commissioner to prohibit data transfers from the EU to the United States under the EU’s GDPR (and predecessor statute). The matter involved a seven-week trial in the Irish High Court and an appeal to the Court of Justice for the European Union.*
• Defended food and beverage company in the Ninth Circuit appeal against alleged violations of the Alien Tort Statute, arguing a position that ultimately succeeded before the U.S. Supreme Court.*
• Defended food and beverage company in multidistrict litigation against class action claims that the company deceptively marketed food products made with genetically modified corn as “all natural.”*
• Defended food and beverage company in class action suit alleging that “sustainable” representation was misleading in light of labor practices in supply chain.*

Other Government Litigation

• Defended prison contractor against suit brought by the Mississippi Attorney General in connection with an alleged billion dollar bribery scheme in connection with prison contracts.*
• Represented hedge fund manager before the Securities and Exchange Commission in connection with alleged market manipulation.*
• Represented hedge fund in decade-long litigation against the Republic of Argentina for repayment of defaulted bonds.*

Government Experience

• Represented the FTC in enforcement action against B2B payments company FleetCor Technologies, Inc. and its CEO, alleging that the defendants misled consumers and charged hundreds of millions in unauthorized fees. Led summary judgment briefing and the agency’s decision to move the litigation from federal court to administrative court after the Supreme Court ruled that the FTC could not obtain monetary relief for claims under Section 5 of the FTC Act.*
• Represented the FTC in enforcement action against B2B financing company Yellowstone Capital (now Fundry) and its two principals, alleging unfair and deceptive acts and practices with respect to the defendants’ merchant cash advance products. The matter settled for $10 million.*
• Represented the FTC against debt collection firm, Midwest Recovery, alleging violations of the Fair Debt Collection Practice Act and the Fair Credit Reporting Act, among others. The settled complaint also included the first-ever federal charge of “debt parking” or “passive debt collection” in which the collector reports a debt to the consumer reporting agencies before first communicating with the consumer, a practice that the CFPB subsequently outlawed via regulation.*
• Represented the FTC against a car dealership network, alleging discrimination under the Equal Credit Opportunity Act and UDAP violations in connection with mark-ups on vehicle purchases. The case settled for $10 million.*

*Prior to joining Kirkland

Mayer Brown LLP, 2022–2023

Federal Trade Commission, 2019–2021

Gibson, Dunn & Crutcher LLP, 2011–2019

Chris also maintains an active pro bono practice, focusing on criminal defense and habeas corpus matters. For example, he represented an incarcerated individual before the Fourth Circuit and successfully obtained reversal of a decision dismissing his habeas petition. He also represented a human trafficking victim before the Fourth Circuit, successfully reversing dismissal of her suit against her former employer.