Clearly Conspicuous

Holland & Knight Podcasts

Clearly Conspicuous is a podcast series brought to you by Holland & Knight and hosted by consumer protection attorney Anthony DiResta. Here at Holland & Knight we have the working knowledge of how federal and state agencies operate and how courts address consumer protection issues. Consumer protection laws and regulations impact every dimension of business. Aggressive federal and state agencies are getting the attention of senior executives who are concerned about risk management, compliance challenges and high-profile governmental inquiries. Holland & Knight's Consumer Protection Defense and Compliance Team has the experience, knowledge, relationships and platform to effectively work with our clients to address these issues.

  1. Social Media Advertising and the FTC: Deception and the Architecture of Compliance

    JAN 21

    Social Media Advertising and the FTC: Deception and the Architecture of Compliance

    In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta breaks down why social media advertising has become a top Federal Trade Commission (FTC) priority for 2026 and how long‑standing consumer protection rules against deception and unfairness apply to today's influencer-heavy and algorithm-driven marketing. He explains how brands use social platforms to leverage trust, reduce consumer resistance to ads and benefit from algorithmic amplification while increasing legal risk when sponsorships aren't clearly disclosed or when responsibility is spread across brands, creators, agencies and platforms. Mr. DiResta also outlines the FTC's expectations for businesses utilizing online advertising, as put forth in its Endorsement Guides. He concludes by highlighting why companies must have a real social media compliance program with policies, training, monitoring and corrective action going into 2026.

    12 min
  2. Key Consumer Protection Issues in 2026

    JAN 7

    Key Consumer Protection Issues in 2026

    In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta previews the top Federal Trade Commission (FTC) and state attorney general enforcement priorities for 2026, stressing a shift from one-off misrepresentations to systematic enforcement focused on governance, design and individual accountability. He highlights key risk areas including privacy and data security, social media advertising, online consumer transactions and artificial intelligence. Overall, he says, companies should expect regulators to judge less what business say and more how their systems operate.

    7 min
  3. The FTC's Interest in Governance Matters: Board Oversight, Compliance and Awareness

    11/19/2025

    The FTC's Interest in Governance Matters: Board Oversight, Compliance and Awareness

    In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta examines why board governance is under the Federal Trade Commission's (FTC) microscope and what directors must do to meet agency expectations. He begins by categorizing the main themes of regulatory focus: data security, antitrust and board composition, compliance and risk governance, and the emergence of artificial intelligence (AI) and algorithmic accountability. He then offers practical steps such as building regulatory literacy, establishing measurable risk reporting, structuring effective governance committees, testing resources and programs, documenting oversight in minutes and embedding ethics into culture—along with a checklist of specific governance risks to monitor.

    9 min
  4. The Digital Marketplace: The FTC's Focus on Fair Online Transactions

    11/05/2025

    The Digital Marketplace: The FTC's Focus on Fair Online Transactions

    In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta provides an update on Federal Trade Commission (FTC) actions in the digital commerce space. Mr. DiResta discusses the FTC's core concerns with online transactions, including unclear or deceptive terms and conditions, insufficient privacy protections and failure to comply with the "Click to Cancel" rule. He then outlines a best practices framework for companies seeking to ensure compliance and build consumer trust. His final takeaway: Online commerce must be transparent, be fair and be consumer-centric.

    9 min
  5. The Future of the FTC: in the Hands of the Supreme Court

    10/08/2025

    The Future of the FTC: in the Hands of the Supreme Court

    In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta unpacks a recent update in Trump v. Slaughter, in which the U.S. Supreme Court issued a stay allowing President Donald Trump's removal of Federal Trade Commission (FTC) Commissioner Rebecca Slaughter to stand while the case makes its way through the appeals process. He previews full arguments in December of this year that could revisit – and even overturn – Humphrey's Executor. Mr. DiResta explains the FTC's origins, structure and independence, as well as the 1935 precedent set in Humphrey's Executor limiting presidential removal of FTC commissioners. He additionally reviews Justice Elena Kagan's dissent in the court's order and analyzes how the move signals a potential recalibration of separation of powers. The episode outlines far-reaching implications if removal protections are narrowed: greater presidential control over independent agencies (FTC, National Labor Relations Board (NLRB), Federal Communications Commission (FCC), Consumer Product Safety Commission (CPSC) and Merit Systems Protection Board (MSPB)), reduced institutional independence, more litigation over "for cause" standards and broader precedent shifts affecting agency governance. The discussion closes with key questions for businesses and counsel to monitor as the future of the FTC, and independent commissions more broadly, may be shaped by the court's forthcoming decision.

    14 min
  6. A Roadmap for Emerging Consumer Protection Issues

    09/17/2025

    A Roadmap for Emerging Consumer Protection Issues

    In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta covers the emerging issues driving federal and state enforcement and private litigation. He highlights six themes shaping priorities: artificial intelligence (AI) and automation, advertising and marketing practices, privacy and data security, unfair and abusive practices, sector-specific scrutiny of financial services, health and environmental claims, and escalating coordination among enforcers. Mr. DiResta explains how agencies are intensifying oversight of AI transparency and bias, influencer and native advertising disclosures, data collection and breach response, "dark patterns," hidden fees and products targeting vulnerable consumers. He then describes practical steps to help mitigate unwanted attention from the government, from AI audits and human oversight to substantiation, social media policies, incident response plans and consumer-centric design. He concludes by highlighting how important it is to build trust through first instance compliance to reduce risk and position your business to thrive in a dynamic enforcement landscape.

    11 min
  7. Consumer Protection Investigations: What You Should Do

    09/03/2025

    Consumer Protection Investigations: What You Should Do

    In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta discusses strategies and techniques for defending an investigation by a federal or state consumer protection agency in the current political landscape. He breaks the process into five phases: 1. understanding the landscape 2. discovery and information gathering 3. communication and relationship building 4. controlling the narrative 5. strategic resolution Mr. DiResta emphasizes the importance of strategy, credibility and advocacy throughout the process, as well as securing counsel who will protect your interests while building rapport with government staff.

    8 min
  8. Tracking Trends in State-Level Consumer Protection Enforcement

    08/20/2025

    Tracking Trends in State-Level Consumer Protection Enforcement

    In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta reviews recent trends in state-level consumer protection enforcement. He highlights notable actions by state attorneys general (AGs) across the U.S., from Florida's investigations into Roblox and Google's advertising practices, to multistate efforts against illegal electronic cigarettes, multimillion-dollar settlements in Illinois and California, and New Hampshire's lawsuit against Meta for addictive design features that allegedly harm teens. The discussion underscores how states are actively policing deceptive marketing, false advertising and emerging digital issues, often filling gaps left by waning federal enforcement. With investigations intensifying and priorities varying by state, businesses are advised to maintain high compliance standards and pursue transparent, ethical marketing to avoid legal risks and foster consumer trust in an evolving regulatory landscape.

    9 min
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About

Clearly Conspicuous is a podcast series brought to you by Holland & Knight and hosted by consumer protection attorney Anthony DiResta. Here at Holland & Knight we have the working knowledge of how federal and state agencies operate and how courts address consumer protection issues. Consumer protection laws and regulations impact every dimension of business. Aggressive federal and state agencies are getting the attention of senior executives who are concerned about risk management, compliance challenges and high-profile governmental inquiries. Holland & Knight's Consumer Protection Defense and Compliance Team has the experience, knowledge, relationships and platform to effectively work with our clients to address these issues.

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