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Clearly Conspicuous

Clearly Conspicuous

By: Holland & Knight
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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.

Holland & Knight LLP
Political Science Politics & Government
Episodes
  • Legal Implications of the Supreme Court's Ruling on Universal Injunctions
    Jul 9 2025

    In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta discusses the recent U.S. Supreme Court decision in Trump v. CASA, Inc., where the court ruled federal district courts generally cannot issue universal injunctions under the Judiciary Act of 1789. The decision, delivered on June 27, 2025, means that district courts can only grant injunctions that provide relief to plaintiffs with standing, not to those who are not parties to the case. Mr. DiResta examines possible significant implications for businesses and individuals subject to federal statutes or executive actions, as well as the other avenues that remain available for obtaining broad relief.

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    9 mins
  • FTC to Focus on Deceptive AI Claims: Compliance Management Strategies
    Jun 25 2025

    In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta explores the Federal Trade Commission's (FTC) increasing scrutiny of deceptive claims related to artificial intelligence (AI). He outlines the FTC's focus on exaggerated performance claims, misleading product labeling, opaque data practices and bias in AI-powered systems, highlighting recent enforcement actions for false or misleading representations. Mr. DiResta emphasizes that businesses must ensure their AI-related claims are accurate, transparent and comply with existing consumer protection regulations.

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    8 mins
  • Compliance Needs are Alive and Well: FTC's Recent Enforcement Activity
    Jun 11 2025

    In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta provides an early analysis of the Federal Trade Commission's (FTC) direction under Chair Andrew Ferguson, emphasizing that the agency is intensifying, not scaling back, its enforcement efforts despite broader deregulatory trends. Mr. DiResta examines recent FTC actions that span multiple sectors, including holding a workshop on the tech industry's impact on families, issuing new rules against deceptive pricing, targeting business scams and increasing scrutiny on artificial intelligence (AI) product claims. This episode highlights the FTC's multi-agency collaboration and suggests that, although enforcement may become more selective, the focus will be on precedent-setting cases. Mr. DiResta cautions companies to not interpret deregulatory rhetoric as a relaxation of compliance expectations and instead understand that the need for robust, well-documented and proactive compliance measures has never been greater.

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    7 mins

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