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Laura Kim draws upon her experience in senior positions at the Federal Trade Commission to advise clients across industries on complex advertising, privacy, and data security matters. She provides practical compliance advice and represents clients in FTC and State AG investigations. Ms. Kim advises on a wide range of consumer protection issues, including green claims, influencers, native advertising, claim substantiation, Made in USA claims, children's privacy, subscription auto-renewal marketing, and other digital advertising matters. In addition, Ms. Kim actively practices before the NAD, including recent successful resolution of matters for both challengers and advertisers. She co-chairs Covington's Advertising and Consumer Protection Practice Group and participates in the firm's Internet of Things Initiative.
Ms. Kim re-joined Covington after a twelve-year tenure at the FTC, where she served as Assistant Director in two divisions of the Bureau of Consumer Protection, as well as Chief of Staff in the Bureau of Consumer Protection and Attorney Advisor to former Chairman William E. Kovacic. She worked on key FTC Rules and Guides such as the Green Guides, Jewelry Guides, and the Telemarketing Sales Rule. She supervised these and other rule making proceedings and oversaw dozens of the Commission’s investigations and enforcement actions involving compliance with these rules. Ms. Kim also supervised compliance monitoring for companies under federal court or Commission order.
Ms. Kim also served as Deputy Chief Enforcement Officer at the U.S. Department of Education, where she helped establish a new Enforcement Office within Federal Student Aid. In this role, she managed investigations of higher education institutions and oversaw issuance of fines and adverse actions for institutions in violation of federal student aid regulations. Ms. Kim also supervised the borrower defense to repayment division and the Clery campus safety and security division.
- Represents multiple clients in FTC and State Attorneys General investigations involving privacy and data security issues for connected devices.
- Represents major consumer products manufacturers in advertising and data security investigations brought by the FTC and State Attorneys General.
- Advises clients on compliance with recent FTC guidance regarding endorsements, social media influencers, and native advertising.
- Counsels multinational clients on environmental marketing claim substantiation, including use of seals and certifications.
- Represented large publicly-traded company executive in FTC investigation involving individual liability under the FTC Act.
- Successfully challenged unsubstantiated food and health-related claims before the NAD.
- Represents multiple clients in FTC investigations involving substantiation, testimonials, and auto-renewals.
- Advises Ed Tech providers on FERPA, COPPA, and state student privacy laws.
Pro Bono
- Ms. Kim managed the operations of the northeast office of the Neighborhood Legal Services Program in Washington. She supervised all staff and case matters.
- Represented clients in housing litigation and Social Security proceedings.
Memberships and Affiliations
- American Bar Association, Antitrust Section, Consumer Protection Committee, Member
Previous Experience
- Federal Trade Commission, Chief of Staff, Bureau of Consumer Protection; Assistant Director, BCP Division of Enforcement; Assistant Director, BCP Division of Marketing Practices; Attorney Advisor to Chairman William E. Kovacic; Attorney, BCP Division of Marketing Practices
- U.S. Department of Education, Deputy Chief Enforcement Officer
Hearing on Consumer Protection During the Pandemic Focuses on FTC’s Equitable Monetary Authority
February 8, 2021, Inside Privacy
On February 4, 2021, the House Energy and Commerce’s Subcommittee on Consumer Protection and Commerce held a hearing entitled, “Safeguarding American Consumers: Fighting Scams and Fraud During the Pandemic.” The hearing focused on the FTC’s ability to obtain equitable monetary relief under Section 13(b) of the FTC Act – an issue that is currently being...… ...
February 4, 2021, Inside Privacy
With a new administration and a new Congress come key leadership changes and new priorities at the Federal Trade Commission (FTC). The change in administration paves the way for a Democratic-led Commission, though a permanent FTC Chairman and a successor to Commissioner Chopra (who has been nominated to head the Consumer Financial Protection Bureau) might...… ...
January 26, 2021, Inside Privacy
On January 7, the Federal Trade Commission (“FTC”) reached a proposed settlement with Tapjoy, a California-based company that operates an advertising platform within mobile gaming applications. According to its complaint, the FTC alleges that Tapjoy deceived consumers by failing to provide in-game rewards it promised for completing actions associated with ...
January 20, 2021, Covington Alert
The Covington Technology Forum – Data in a Connected World, will be taking place on January 27th, 28th, and 29th. Intended for legal and business professionals who manage any aspect of the data economy for their organizations, the Forum will equip attendees with the information and insights they need in order to understand the evolving legal, regulatory and ...
January 15, 2021, Inside Privacy
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 ...
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, Inside Privacy
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...… Continue ...
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 ...
May 22, 2020, Inside Privacy
On May 5th, 2020, the California Assembly Committee on Privacy and Consumer Protection held a hearing and considered AB 2811, a bill that would amend existing California law governing automatic renewals. As currently drafted, AB 2811 would: require businesses to provide 3-7 days’ notice explaining how to cancel an automatic renewal offer or continuous ...
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 ...
The FTC’s Response to the Coronavirus Pandemic: Consumer Protection Priorities and Initial Actions
April 6, 2020, Inside Privacy
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 ...
The BBB’s National Advertising Division Launches Fast-Track SWIFT Process for Digital Advertising
April 6, 2020, Inside Privacy
Last week, the Better Business Bureau’s National Advertising Division (NAD) announced a new expedited process for digital advertising challenges. The SWIFT (Single Well-defined Issue Fast Track) Process will allow businesses to address concerns of transparency and truthfulness on an accelerated basis, with decisions rendered within twenty business days of case ...
March 19, 2020, Inside Privacy
Cardi B might like it, but the Federal Trade Commission (“FTC”) did not. On March 5, 2020, the agency sent Cardi B and other high-profile influencers warning letters alleging that the influencers made inadequate disclosures in their endorsements of Teami tea. The letters followed on the heels of the FTC’s proposed order against Teami, LLC...… Continue Reading
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 ...
July 9, 2019, Inside Privacy
You may have heard the phrase “dark patterns” as shorthand for various user interfaces designed to influence users’ decisions. They can range from the perfectly innocent to the unethical, and even illegal. Whatever the form, dark patterns have recently drawn attention from the mainstream press. Dark patterns are coming out from the shadows. And when...… Continue ...
2019, American Bar Association
Our cross-disciplinary Internet of Things initiative contributed to the ABA's first book on IoT, The Internet of Things: Legal Issues, Policy, & Practical Strategies. Laura Kim and Jennifer Johnson authored the chapter “U.S. Regulatory Framework for IoT,” with contributions from Sarah Wilson (product safety); Wade Ackerman, Elizabeth Guo, Christopher Hanson, ...
Consumer Protection Fundamentals
March 27, 2019, ABA Antitrust Spring Meeting
November 16, 2018, Covington Alert
As more companies recognize the value of enhanced sustainability reporting and publicize the positive environmental features of their products and services, they should also be attentive to greater public scrutiny of “green” claims.
Covington Promotes 20 New Partners
October 1, 2018
WASHINGTON—Covington has promoted 20 lawyers to its partnership. “This group covers a wide range of the firm’s most important practices and reflects the ongoing imperative of continuing to build and expand our strengths and to position the firm most effectively to be vibrant in the years ahead,” said Timothy Hester, Covington’s chair. "The size of our class is a ...
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.
March 19, 2018, Inside Tech Media
The “Internet of Things” (IoT)—the network of consumer devices connected to the Internet through digital connections and sensors—has dramatically grown over the past five years. A McKinsey analysis estimated that the potential annual economic impact of IoT in 2025 could be between $4 trillion and $11 trillion, with value accruing in manufacturing, urban spaces, ...
January 24, 2018, Covington Alert
As we begin 2018, the cosmetic industry marketing products in the United States faces a range of legal and regulatory considerations – from labeling and marketing claims to ingredient safety and environmental issues. This alert for our cosmetic clients analyzes federal regulatory activities in 2017 and summarizes key issues to consider for 2018, including ...
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 ...
Trump Picks Antitrust Lawyer to Head FTC, Leaving Uncertain Impact on Consumer Protection
November 2, 2017, Natural Products Insider
Laura Kim is quoted in a Natural Products Insider article regarding President Trump's pick to lead the FTC. According to Kim, "I think it’s hard to predict right now the specific agenda [Joseph Simons will] have on consumer protection issues."
Former FTC Official Rejoins Covington
October 12, 2017
WASHINGTON—Laura Kim has joined Covington’s Advertising and Consumer Law and Data Privacy and Cybersecurity practices in Washington. For more than a decade, Ms. Kim held a variety of roles in the Bureau of Consumer Protection at the Federal Trade Commission (FTC), including Assistant Director in two divisions, Chief of Staff to former Bureau Director Jessica ...