
Overview
A leader in the advertising bar with decades of experience both working at and practicing before the Federal Trade Commission (FTC), Phyllis brings a unique advertising and children’s privacy vantage point to our clients. Recognized as a Leader in Advertising: Transactional & Regulatory by Chambers USA (2021-2023) and a Media and Advertising Law Trailblazer by The National Law Journal (2023), Phyllis leads the firm’s advertising compliance and counseling team and focuses her practice on understanding and meeting our clients’ advertising needs, from the initial development of a claim to its ultimate defense in the marketplace.
She counsels global retail and consumer products brands on advertising and marketing law, guiding clients through the life cycle of advertising campaigns. Phyllis advises on claim substantiation and creation, pre-acquisition due diligence, dissemination in digital and traditional media, protection, defense, and more. She has represented clients in FTC and state attorney general investigations and counseled on competitor challenges. Clients have told Chambers USA (2023) that Phyllis “provide[s] sophisticated advice from a practical and commercially sensitive angle" and noted that conversations with her “feel like a short cut to finding solutions” as she helps to “isolate issues and focus on the pieces [of a matter] that directly impact results.”
With her extensive knowledge of children’s privacy law in the US, having led the FTC’s children’s online privacy program for years, Phyllis also counsels clients on the intricacies of compliance with the Children’s Online Privacy Protection Act (COPPA), state children’s privacy laws, and state and global age-appropriate design codes. She literally “wrote the book” (or at least, the rules) on the subject: Phyllis led the 2013 overhaul of the FTC’s COPPA Rule.
Phyllis is a frequent author and sought-after speaker on advertising and children’s privacy issues, including their intersection with other areas of law, such as antitrust, consumer consent and protection, the internet and social media, false product claims, and the metaverse and AI. She has spoken at conferences across the country, and been interviewed numerous times by media outlets, including Bloomberg Law, Law360, and MLex. Phyllis is the editor of Hunton Andrews Kurth’s quarterly “Hot Topics for Retail GCs” memo and a regular contributor to our Retail Industry Blog, posting on developments relating to advertising initiatives. In the past, Phyllis served as Co-Chair of the Privacy and Information Security Committee of the Antitrust Law Section of the American Bar Association and as a member of the Research Advisory Board on the By/With/For Youth: Inspiring Next Gen Public Media Audiences initiative of the Joan Ganz Cooney Center at Sesame Workshop.
Prior to joining the firm, Phyllis was the FTC’s Chief of Staff for Advertising Practices and leader of the FTC’s children’s privacy enforcement program. While at the FTC, Phyllis oversaw the agency’s advertising workload; led investigations into deceptive health and safety claims, product endorsements, and disclosures; and handled congressional testimony regarding FTC advertising initiatives. After law school, Phyllis clerked for the Honorable John C. Eldridge of the Supreme Court of Maryland.
Experience
Phyllis’s longstanding practice as an advertising attorney with the FTC informs her skill and perspective in advising retail and consumer products clients on crafting compliant advertising claims and campaigns. Her wide range of experience includes:
- Environmental and sustainability claims, including ensuring compliance with the FTC’s Green Guides
- Use of generative AI in retail campaigns
- Made in USA claim compliance
- Counseling on digital ad campaigns, including child-directed advertising
- Influencer and branded campaigns
- Online reviews and testimonials
- Sales pricing
- Substantiating health and efficacy claims
- Reviewing food, drug, and cosmetic packaging and labeling
- Alcohol sales and marketing
Phyllis is uniquely positioned to assist our clients with the complexities of federal children’s privacy laws. She helps our streaming, media, consumers products, and video game clients design their apps, IoT devices, ad campaigns, and online services to be both user-friendly and compliant with the law. Her breadth of knowledge includes:
- Privacy protective and child-appropriate branded content campaigns
- Ad tech
- Smart TVs
- Streaming networks, cable providers, and content creators
- Social Media
- Online gaming and metaverse experiences
- Age assurance and parental consent
Accolades
Honors & Recognitions
- Recommended for Cyber Law (Including Data Privacy and Data Protection) (2016, 2018-2021, 2023-2024) and Cyber Crimes (2016), Legal 500 United States
- Recognized as a Leader in Advertising: Transactional & Regulatory, USA-Nationwide (2021-2024), Chambers USA
- Named one of the Top 10 Advertising: Transactional & Regulatory Lawyers in USA, Business Today, 2023
- Named a Media and Advertising Law Trailblazer (2023), The National Law Journal
- Recognized as a Best Lawyer for Advertising Law (2023-2024), The Best Lawyers in America©
- Received an Official Commendation for Distinguished Service (2015), awarded by the Chairwoman of the Federal Trade Commission
- Received the Bureau Director’s Award for outstanding contributions to Bureau efficiency and unity (2014)
- Received the Bureau Director’s Award for outstanding contributions to children’s privacy (2010)
Affiliations
Professional
- Member, Consumer Protection Editorial Board, Law360 (2022)
- Member, Influence Task Force, ABA Antitrust Law Section (2021-2022)
- Member, Special Ops Team: Imagining Antitrust Law Section 2.0, ABA Antitrust Law Section (2020-2021)
- Member, Research Advisory Board, By/With/For Youth: Inspiring Next Gen Public Media Audiences, Joan Ganz Cooney Center at Sesame Workshop (2020)
- Co-Chair, Privacy and Information Security Committee, ABA Section of Antitrust Law (2018-2020)
- Vice Chair, Privacy and Information Security Committee, ABA Section of Antitrust Law (2016-2018)
- Member, Superintendent’s Cybercivility Task Force, Montgomery County Public Schools (2014)
Insights
Legal Updates
- 4 Minute ReadMarch 14, 2023Legal Update
- 13 Minute ReadFebruary 22, 2023Legal Update
- 11 Minute ReadJanuary 11, 2023Legal Update
- 3 Minute ReadDecember 2, 2021Legal Update
- 6 Minute ReadNovember 12, 2021Legal Update
- 4 Minute ReadOctober 14, 2021Legal Update
- 4 Minute ReadJuly 19, 2021Legal Update
- March 4, 2020Legal Update
Events & Speaking Engagements
- March 6, 2025EventSpeakerGeolocation in Digital Advertising: Best Practices & Compliance Guidance, Digital Advertising Accountability Program, BBB National Programs
- March 6, 2025Event
- February 6, 2025Event
- November 8, 2024EventSpeakerRock-a-Bye Safety: Ensuring children's protection through age assurance, IAPP KnowledgeNet DC
- October 9, 2024EventSpeakerUpdate on Children’s Advertising & Privacy, Hot Topics in Advertising & Marketing Law, New York City Bar Association
- April 10, 2024Event
- February 20, 2024Event
- January 16, 2024EventSpeakerProposed Changes to the FTC’s COPPA Rule, FPF Privacy Landscape Call
- November 7, 2023EventSpeakerThe Current State of Kids’ and Teens’ Privacy, Future of Privacy Forum Youth Privacy Webinar
- October 10, 2023EventPanelistHuntonAK Advantage Series – ESG CLE Webinar
- August 3, 2023EventModerator“Why Generative AI is Taking the Retail Industry by Storm,” Women in Retail and Total Retail Virtual Exchange
- October 2022EventSpeaker“Hide and Seek: Global Rules for Children's Online Privacy,” IAPP Privacy.Security.Risk.2022
- July 2022EventPresenter“Antitrust & Consumer Protection Hot Topics,” ABA Section of Antitrust Law
- May 2022Event
- October 12, 2021EventModerator“Leading in the Next Normal,” 2021 Women in Retail Leadership Summit, Miami, FL
- June 23, 2021EventSpeaker“Consumer Consent on the Internet—Legalizing Fraud?,” ABA Antitrust Law Section, Privacy and Information Security Committee
- June 9, 2021EventModerator“Kidfluencers: 2021’s Youth Influencer Trend and Challenges,” CARU Conference
- March 10, 2021Event
- February 15, 2021EventInaugural Speaker
- February 3, 2021EventModerator“Fireside Chat with FTC on Social Media and Influencer Marketing Guidance,” ACI’s 4th Annual Legal, Regulatory and Compliance Forum on Advertising Claims Substantiation
- September 22, 2020EventSpeaker“COPPA-ly Ever After,” CARU Conference Virtual Series
- July 30, 2020EventSpeaker“Keeping Kids Safe Online: How to Protect Your Kids and Discuss Online Safety,” program hosted jointly by Twitter and Square Parent Groups
- June 9, 2020EventModerator“Children’s Privacy: A Look Ahead,” ABA Antitrust Law Section 2020 More Spring Blooms
- May 14, 2020Event
- EventModeratorRILA, Retail Law Center Spring Meeting, “Price Gouging and Dynamic Pricing,” May 5, 2020
- February 11, 2020EventModerator“The Class Differential in Privacy Law,” ABA Antitrust Law Section, Privacy and Information Security Committee
- January 31, 2020EventSpeaker“Is Your In-Home Assistant Spying On You?,” ABA Antitrust Law Section “Our Curious Amalgam” Podcast
- January 28, 2020EventPanelist“Cross-Border Consumer Protection Issues Regarding Marketing to Children,” ABA/Canadian Bar Association
- January 21, 2020EventPanelist“Wonders of the Web: Protect Your Space and Place in the Market,” Startup Law 101, MindSpace DC
- January 13, 2020EventPanelist“Will Kids’ Privacy Crackdown Break the Internet?” TechFreedom Event
Publications
- January 30, 2025Publication
- January 29, 2025Publication
- October 3, 2024Publication
- May 14, 2024Publication
- January 17, 2024Publication
- November 17, 2023Publication
- 2022PublicationCo-author
- January 2022Publication
- February 2021Publication
- January 2020Publication
- March 2016PublicationCo-authorFTC Issues Native Advertising Policy Statement and Guidance. ABA – What’s in Store (Section of Antitrust Law Consumer Protection)
- December 2009PublicationAuthorVirtual Worlds and Kids: Mapping the Risks: A Federal Trade Commission Report to Congress
- June 2008PublicationCo-authorSelf-Regulation in the Alcohol Industry: A Report of the Federal Trade Commission
- February 2007PublicationEditorImplementing the Children’s Online Privacy Protection Act: A Federal Trade Commission Report to Congress
Blog Posts
- March 4, 2025Hunton Retail Law Resource
- February 5, 2025Hunton Retail Law Resource
- January 22, 2025Hunton Retail Law Resource
- January 21, 2025Hunton Retail Law Resource
- January 16, 2025Hunton Retail Law Resource
- January 15, 2025Hunton Retail Law Resource
- January 7, 2025Hunton Retail Law Resource
- January 3, 2025Hunton Retail Law Resource
- December 19, 2024Hunton Retail Law Resource
- December 17, 2024Hunton Retail Law Resource
- December 3, 2024Hunton Retail Law Resource
- November 8, 2024Hunton Retail Law Resource
- October 17, 2024Hunton Retail Law Resource
- October 2, 2024Hunton Retail Law Resource
- October 1, 2024Hunton Retail Law Resource
- September 27, 2024Hunton Retail Law Resource
- August 16, 2024Hunton Retail Law Resource
- Hunton Retail Law Resource
- August 5, 2024Hunton Retail Law Resource
- Hunton Retail Law Resource
- July 16, 2024Hunton Retail Law Resource
- June 20, 2024Hunton Retail Law Resource
- June 13, 2024Hunton Retail Law Resource
- June 3, 2024The Nickel Report
- May 6, 2024Hunton Retail Law Resource
- April 29, 2024Hunton Retail Law Resource
- April 22, 2024Hunton Retail Law Resource
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- Hunton Retail Law Resource
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- Hunton Retail Law Resource
- Hunton Retail Law Resource
- Hunton Retail Law Resource
- Hunton Retail Law Resource
- Blockchain Legal Resource
- Hunton Retail Law Resource
- Hunton Retail Law Resource
- Hunton Retail Law Resource
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- Hunton Retail Law Resource
- Hunton Retail Law Resource
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- Hunton Retail Law Resource
- Hunton Retail Law Resource
- Hunton Retail Law Resource
- Hunton Retail Law ResourceCo-author
- Hunton Retail Law Resource
- Hunton Retail Law Resource
- Hunton Retail Law Resource
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- Hunton Retail Law Resource
- Blockchain Legal Resource
News
- March 7, 2025Media Mention
- January 24, 2025Media Mention
- September 25, 2024Media Mention
- September 18, 2024Media Mention
- 17 Minute ReadNews
- Media Mention
- 7 Minute ReadJune 12, 2024News
- 6 Minute ReadJune 6, 2024News
- February 12, 2024Media Mention
- February 12, 2024Media Mention
- December 22, 2023Media Mention
- December 20, 2023Media Mention
- December 20, 2023Media Mention
- 2 Minute ReadSeptember 14, 2023News
- 18 Minute ReadAugust 21, 2023News
- June 22, 2023Media Mention
- 7 Minute ReadJune 8, 2023News
- 6 Minute ReadJune 1, 2023News
- 2 Minute ReadApril 3, 2023News
- March 27, 2023Media Mention
- February 13, 2023Media Mention
- February 7, 2023Media Mention
- February 3, 2023Media MentionQuoted, An FTC Power Grab Could Save Your Medical Secrets, Gizmodo
- December 19, 2022Media Mention
- October 5, 2022Media Mention
- September 22, 2022Media Mention
- 16 Minute ReadAugust 18, 2022News
- 6 Minute ReadJune 1, 2022News
- 1 Minute ReadApril 26, 2022News
- April 8, 2022Media Mention
- December 29, 2021Media Mention
- December 15, 2021Media Mention
- October 26, 2021Media MentionQuotedWho needs Congress? The FTC is already taking on teen privacy, Protocol
- October 14, 2021Media Mention
- August 16, 2021Media Mention
- August 6, 2021Media Mention
- August 5, 2021Media Mention
- 6 Minute ReadJune 10, 2021News
- 6 Minute ReadMay 25, 2021News
- November 24, 2020Media Mention
- 6 Minute ReadJune 12, 2020News
- June 4, 2020Media Mention
- June 1, 2020Media MentionQuoted, Chopra Wants overhaul of safe harbor programs in wake of Miniclip case, FTCWatch
- March 13, 2020Media Mention
- February 14, 2020Media Mention
- February 12, 2020Media Mention
- January 24, 2020Media Mention
- 1 Minute ReadSeptember 2019News
- 6 Minute ReadJune 6, 2019News
- 2 Minute ReadAugust 21, 2018News
- 4 Minute ReadJune 13, 2018News
- 2 Minute ReadAugust 1, 2017News
- 1 Minute ReadDecember 11, 2015News
- 2 Minute ReadOctober 7, 2015News
JD, University of Michigan Law School, cum laude, Notes Editor, Symposium Editor, Michigan Journal of Law Reform, 1993
BA, University of Pennsylvania, magna cum laude, 1990
District of Columbia
- Supreme Court of Maryland
Areas of Focus
- Antitrust and Consumer Protection
- Cosmetics
- Privacy and Cybersecurity
- Children’s Privacy
- Advertising Compliance and Counseling
- Advertising Litigation
- Litigation
- Crisis Management
- Sustainability
- AI and Emerging Technologies
- Alcoholic Beverages
- Consumer Products
- Food Industry
- Retail
- Retail and Consumer Products