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John Graubert has more than 30 years of experience in a wide range of complex antitrust and consumer law matters. Mr. Graubert came to the firm after serving for ten years as Principal Deputy General Counsel of the Federal Trade Commission. Mr. Graubert is co-chair of the firm’s Advertising and Consumer Protection practice group, an Adjunct Professor at the Georgetown University Law Center, and a vice-chair of the Federal Civil Enforcement Committee of the ABA Antitrust Section.
From 1998-2008, Mr. Graubert served as Principal Deputy General Counsel (including several stints as Acting General Counsel) at the Federal Trade Commission. In that position Mr. Graubert managed all litigation, legal counsel, policy studies, and administrative functions within the Office of General Counsel. He also advised the Commission and agency staff on antitrust and consumer protection matters and administrative law. He was involved in dozens of litigated matters for the Commission, including FTC v. Swedish Match, et al. (D.D.C. 2000) and FTC v. Schering-Plough, et al. (11th Cir. 2005), and received the A. Leon Higginbotham Award and the Award for Distinguished Service.
- Federal Trade Commission (FTC)
- Successful resolution of numerous non-public FTC competition and consumer protection investigations.
- Negotiated multiple consent orders with FTC in consumer protection and competition matters (e.g. NeuroMetrix, Inc. (2020); Forms Direct, Inc. (2018); Uber Technologies, Inc. (2017); Breathometer, Inc. (2017) (individual defendant); Lumos Labs (2016, individual defendants); Graco, Inc. (2013; 2015); Genelink, Inc. (2014); Jason Pharmaceuticals (2012))
- Co-lead counsel for POM Wonderful in FTC litigation challenging health claims in advertising.
- Counsel for PharMerica Corporation as target in hostile cash tender offer challenged by FTC.
- Consumer Financial Protection Bureau (CFPB)
- Negotiated multiple consent orders with CFPB (e.g. GE Capital (2013); PRA LLC (2015)).
Memberships and Affiliations
- American Bar Association, Antitrust Section (Vice Chair, Federal Civil Enforcement Committee (2011-2014; 2017-2020); Advertising Disputes & Litigation Committee (2014-2017)
- Georgetown University Law Center, Adjunct Professor, Global Competition Law and Policy (2003-present)
- Ukrainian Catholic University Law School, Guest Lecturer (Lviv, Ukraine) (Spring 2020)
Previous Experience
- Federal Trade Commission, Principal Deputy General Counsel (1998-2008)
2014, FTC PRACTICE AND PROCEDURE MANUAL (ABA, 2D. ED.), General Editor
Playing to Beliefs: Taking Advantage of Popular Wisdom
March 2017, ABA Antitrust Section Spring Meeting, Panelist
Consumer Protection and Enforcement In Tomorrow's Marketplace
January 2017, ABA Consumer Protection Conference, Panelist
April 11, 2014, Covington E-Alert
When is Disgorgement in the Public Interest?
April 2013, ABA Antitrust Section Spring Meeting
January 15, 2021, Covington Alert
On Wednesday, January 13, the Supreme Court heard arguments in AMG Capital Management LLC v. Federal Trade Commission. This case raises the question whether the Federal Trade Commission (FTC) has been properly using Section 13(b) of the FTC Act, the provision authorizing requests for preliminary and permanent injunctions where the FTC believes the defendant “is ...
June 23, 2020, Covington Alert
As consumers rely more and more on the “independent” reviews of their peers in choosing products and services, advertisers need to remain vigilant that their role (if any) in disseminating such reviews is fairly disclosed, accurate and not misleading. The pitfalls in this area were recently illustrated by a pair of enforcement actions brought by the Federal ...
The FTC’s Response to the Coronavirus Pandemic: Consumer Protection Priorities and Initial Actions
April 7, 2020, Covington Alert
The Federal Trade Commission has traditionally responded forcefully to public health and economic crises, and it is doing so again in response to the coronavirus pandemic. The current crisis does present some additional complications, however, because of its impact on the operations of the agency itself. Three particular aspects of the FTC’s consumer ...
March 18, 2020, Covington Alert
To assist companies that are developing technology solutions to help predict, mitigate or contain the spread of COVID-19, our cross-practice digital health team has put together a checklist of considerations to keep in mind. For additional guidance, please visit our COVID-19 Legal and Business Toolkit or reach out to us at COVID19@cov.com.
October 21, 2019, Covington Alert
The Federal Trade Commission (“FTC”) has published a request for public comment on “ways to improve its existing regulations for negative option marketing.” 84 Fed. Register 52393 (October 2, 2019). The FTC acknowledges that negative option plans, such as prenotification negative option plans, continuity plans, and free trial and conversion plans, “can provide ...
October 2, 2019, Covington Alert
On September 26, 2019, staff from the Bureau of Consumer Protection in the Federal Trade Commission held a workshop on the agency’s experience with “Made in the USA” claims. The program consisted of a series of panel discussions between staff and representatives from the business and consumer advocacy communities. The workshop followed the Commission’s pledge ...
September 14, 2018, Covington Alert
On August 16, 2018, the U.S. District Court for the Northern District of California dismissed a major portion of the Federal Trade Commission's ("FTC") lawsuit against DIRECTV, which involved broad allegations of deceptive advertising in promotional offers for its annual subscriptions.
January 8, 2018, Covington Advisory
In late December, the Federal Trade Commission (“FTC”) released a Staff Report titled Blurred Lines: An Exploration of Consumers’ Advertising Recognition in the Contexts of Search Engines and Native Advertising. This Report is the most recent sign of the FTC’s continuing interest in native advertising and effective online disclosures. This study builds upon the ...
January 9, 2013, Covington E-Alert
Food Labeling: How to Avoid a FDA or FTC Enforcement Action
June 2012, ABA Litigation Section
FTC's Use of Federal Court for Consumer Remedies
March 2012, ABA Antitrust Section Spring Meeting
January 11, 2012, Covington E-Alert
November 18, 2011, Covington E-Alert
Spring 2011, Antitrust, v. 25, No. 2
A Penumbra Conundrum:Section 5 of the FTC Act
March 30, 2011, ABA Antitrust Section Spring Meeting
Regulating the Competition Law Implications of Standards
November 9, 2009, IBC Standards and Patents Conference
Antitrust in the Obama Administration
October 20, 2009, Covington/TechNet Silicon Valley Conference
April 15, 2009, Global Competition Policy
Section 2 and Article 82 Circling the High-Tech Sector: Will They Coordinate or Collide?
March 25, 2009, 57th ABA Antitrust Section Spring Meeting
China Anti-Monopoly Law: MOFCOM Approves InBev/AB Merger and Explains Its Processes and Reasoning
November 25, 2008, Covington E-Alert
Review of Recent Developments and Expectations Going Forward
October 13, 2008, IBC Standards and Patents Conference
Settlement of Pharmaceutical Patent Cases
September 26, 2008, ABA Section of International Law, 2008 Fall Meeting
Preliminary Considerations: Experiences From the Implementation of Other Competition Laws
July 12, 2008, China Society for WTO Studies
Anticipating Competition Issues In Licensing
May 21, 2008, 4th Annual ACI Pharmaceutical Antitrust Forum
Merger Enforcement - Federal Institutional and Process Issues
June 8, 2006, The Antitrust Modernization Commission at Mid-Course, ABA Section of Antitrust Law
Challenges Facing New Competition Enforcement Agencies
March 31, 2006, 54th Antitrust Law Spring Meeting, ABA Section of Antitrust Law
Testimony on FTC Remedies
December 1, 2005, Antitrust Modernization Commission
Recent FTC Activities Relating to Food and Pharmaceuticals
April 7, 2005, FDLI 48th Annual Conference
Antitrust Law Enforcement by the U.S. Federal Trade Commission
November 10, 2004, Fair Competition & Market Economy 2004 Shanghai International Forum
Injunctions, Divestiture, and Disgorgement: The Evolution of FTC Remedies
September 23, 2004, FTC 90th Anniversary Symposium
When Trouble Comes Knocking: Government Enforcement Trouble Spots, Prevention and Cure
May 2002, Service Networks 2002 ISPCON
Evaluation of Mergers in the Energy Sector
December 6, 2000, 32nd Annual Institute of Public Utilities Conference
Review of Cross-border Mergers
July 13, 2000, UNCTAD/EC/OECD Regional Conference on Competition Policy
1999, 25 Canada-U.S. L.J. 275
- Best Lawyers in America, Antitrust (2015-2019)
- Legal 500 US, Media, Technology & Telecoms - Marketing & Advertising (2013-2017), Antitrust - Merger Control (2017)
- Washington DC Super Lawyers, Antitrust Litigation and Consumer Law (2013-2019)