The Internet has disintermediated and simplified business transactions. Consumers purchase directly from manufacturers on the internet. Customary intermediaries are bypassed. Supply chains have been shortened. Manufacturers can access markets more efficiently and markets are open to new participants who before could not afford to participate. To capture the efficiencies, manufactures are vertically integrating into distribution and retailing.
The legal and regulatory framework that supports traditional commercial transactions has expanded to keep up with the incremental legal and regulatory issues that e-commerce transactions create. While e-commerce has simplified commercial transactions and many ways it has created incremental and unique legal and regulatory challenges.
The Campbell Law Group’s Advertising, E-commerce & Regulatory Compliance Practice Group (AERC Group) will help your manufacturing concern and/or brand to minimize the legal and regulatory risk associated with e-commerce transactions and, thereby, to boost its profit. Mr. Anthony Robinson who heads the AERC Group can help provide your business with a comprehensive legal and regulatory risk management strategy in the following areas:
- Commercial contracts with customers, suppliers, manufacturers, distributers, and other conventional retail and e-commerce counterparties, including website terms of sale, website privacy policies, intellectual property license agreements, and advertiser, affiliate network, and social influencer agreements;
- Federal and state consumer protection laws related to e-commerce and traditional retail transactions, including FDA and FTC rules and guidance regarding product promotions (i.e., website content, product labeling, and terms of use); the Restore Online Shoppers’ Confidence Act (ROSCA); Section 5 of the FTC Act and state laws regarding unfair competition; the FTC’s Endorsement and Testimonial Guides; the FTC’s Business Opportunity Rule; and the Telephone Consumer Protection Act (“TCPA”);
- Business litigation, negotiation, and risk management, including Lanham Act false advertising, product disparagement, and trademark infringement and trade secret misappropriation litigation;
- Defending FTC and state attorney general civil investigative demands and enforcement actions;
- Intellectual property and brand management and protection including trademark registration before the USPTO and infringement defense before the TTAB and federal courts, UDRP domain transfer actions, copyright infringement, and DMCA takedown notices;
- Data privacy/security including, EU General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and email, SMS, and telemarketing laws; and
- Strategic corporate considerations that affect the importation, exportation, and distribution of consumer-packaged goods in the Americas.
Anthony Robinson, Esq. brings 23 years of big firm and general counsel legal experience advising small and mid-cap private vertically integrated manufacturers/distributors/brand owners to execute their e-commerce strategies. Formerly with Greenberg Traurig LLP in the Federal Regulatory & Administrative Law Practice Group, Anthony Robinson’s experience includes the following positions:
- General Counsel and Chief Compliance Officer WM Partners, LP, a registered Investment Adviser for the WM Funds that make private equity investments primarily in the dietary supplement and natural care segments of the Health and Wellness Industry.
- General Counsel and Secretary of the WM Funds’ portfolio companies (Wellnext LLC and its subsidiaries n/k/a Nutranext a division of The Clorox Company), advising the company regarding transactions, litigation, intellectual property, contracts, corporate and regulatory compliance, and other matters. Wellnext LLC, was a vertically integrated manufacturer, marketer, and distributor of dietary supplements, natural care, and wellness products in the following verticals: sports nutrition (Champion Performance®); herbal formulations (Blessed Herbs®, Vitamin Research Products®), anti-stress (Natural Vitality®), probiotics (Nutri-health Supplements®, Sedona Labs®, Sedona Pro®), women’s and prenatal vitamins (Rainbow Light®), and anti-aging (Stop Aging Now®).
Mr. Robinson’s General Counsel experience with the private equity firm WM Partners, LP and experience in the Greenberg Traurig’s Federal Regulatory & Administrative Law Practice Group gives him a competitive advantage. Anthony draws from his experience in the trenches with the principals of WM Partners, LP giving advice regarding the state and federal regulatory and legal risks associated with the manufacture, marketing, distribution, and sale of Champion Performance®, Blessed Herbs®, Vitamin Research Products® Natural Vitality®, Nutri-health Supplements®, Sedona Labs®, Sedona Pro®, Rainbow Light®, and Stop Aging Now® in conventional and e-commerce channels. Anthony has also been in the trenches in private practice with the principals of Life Sciences manufacturers and brands fighting claims of wrongdoing by federal and state regulators as well as the private consumer protection Plaintiff’s Bar.
Anthony has been and continues to be “in the arena”, and his advice reflects a balanced approach of zealously advocating his client’s position under the rules of state and federal adversary administrative law and trial court proceedings, negotiating results advantageous to his clients but consistent with requirements of honest dealings with others, and evaluating his client’s legal affairs and providing strategic advice. Most importantly, Anthony brings a service mindset to every client interaction and his abiding priority is fulfilling his duty as his clients’ fiduciary.
RESULTS ATTORNEY ROBINSON HAS ACCOMPLISHED FOR OTHER CLIENTS THROUGOUT HIS CAREER
- Mr. Robinson, successfully defended vertically integrated manufacturer and brand owner of powdered dietary supplements against claims by private consumer protection group under Section 28-3904 of the D.C. Code (Unfair or deceptive trade practices) regarding a dietary supplement that the client was allegedly selling in D.C. retail stores with bottles that were underfilled on the grounds that the alleged deception was not material because it would not cause a reasonable consumer to alter their purchase decision.
- After obtaining the import permit from the USDA for vertically integrated Brazilian manufacturer and brand owner of whey protein sports nutrition products, neither MAPA nor ANVISA would agree to provide the requisite certification of origin. Mr. Robinson, successfully worked with the USDA/Animal Plant Health Inspection Service (APHIS)/National Import Export Services (NIES) to achieve a customized veterinary permit that did not require certification by the Brazilian Government and that authorized the permit holder to self-certify the origin of the bovine-derived milk or gelatin components.
- Mr. Robinson achieved a definitive Domain Name Transfer Agreement to transfer to vertically integrated manufacturer of powdered dietary supplements all rights of transferor in and to certain domain names, websites, and social media accounts on which the transferor illegally displayed copied from the client’s websites, domains, and social media accounts.
- Successfully defended client contract manufacturer before EEOC Miami District Office against claims of disability discrimination in violation of the ADA and the FCRA and sex and/or pregnancy discrimination under Title VII and the FCRA.
- Drafted and negotiated Manufacturing and Supply Agreement between client, a manufacturing food and nutritional products, and global multi-level marketing corporation that develops, markets, and sells nutrition supplements, weight management, sports nutrition, and personal-care products.
- Successfully prosecuted in the U.S. District Court for the Southern District of Florida a trademark infringement claim against Market America, Inc, for its unauthorized use of Champion Performance® which mark was owned by Nature’s Product Inc.
- Successfully managed the due diligence for WM Partner’s purchase of Vitamin Research Products, Natural Vitality, Nutri-health Supplements, Sedona Labs, Sedona Pro®, and Stop Aging Now.
- Advised Kaneka KANEKA AMERICAS HOLDING, INC. regarding FDA and FTC regulatory compliance for the label claims and product promotion on its probiotic dietary supplement brand Floradapt.
- Successfully obtained Registros sanitarios for Sunwarrior in the Republic of Panama.
- Successfully obtained trademark registration for Vitargo in Colombia.
- Advised Vitargo Inc. on regulatory risk associated with new marketing campaign, including website and online marketing.
- As General Counsel Managed domestic and international trademark portfolio for portfolio companies owned by WM Partners LP.
- As Chief Compliance Officer of WM Partners, LP, managed the SEC and state legal and compliance matters (e.g., data security and privacy, including TCPA, CAN-SPAM, FTC rules, HIPAA, CCPA, and GDPR) arising from buyside M&A and fundraising.
AERC Group Attorneys:
Anthony Robinson, Esq. (see below for more credentials info):
Regina M. Campbell, Esq.
Daniel J. DeWitt, Esq.
Angel Lopez, Esq.
Anthony Robinson, Esq.
Education
M.B.A., University of Virginia, Darden Graduate
School of Business Administration, 2002
J.D., University of Virginia School of Law, 1994
M.P.P., Harvard University, John F. Kennedy
School of Government, 1993
B.S., Economics and Policy Analysis, Cornell
University, 1990
Admissions
State Bars: Colorado, District of Columbia, Florida, Maryland
Louisiana, North Carolina
U.S. District Court for the Western District of
Texas
U.S. District Court for the Eastern District of
Michigan
U.S. District Court for the Western District of
Louisiana
U.S. District Court for the Southern District of
Florida
U.S. Court of Appeals for the Eleventh Circuit
Languages
Spanish – native fluency
English-professional fluency
Portuguese – professional fluency
PUBLICATIONS
- What Role Does the Republic of Panamá play in the Economic Recovery of Latin America post COVID-19?
- New Legislation to Promote Foreign Direct Investment Related to Manufacturing and Logistics Makes Panama an E-Commerce Hub.
- Do you co-pack and/or retail online e-liquid vape juice? You may be a manufacturer of adulterated and misbranded tobacco products.
- Is Your Immune-Health Structure/Function Claim Making Implied COVID-19 Disease Claims?
- Coronavirus Claims an Unexpected Victim: The Independent International Distributor in Latin American and Caribbean Markets.
- The Republic of Panama: The E-commerce Logistics Hub to Latin America and the Caribbean: Investment Opportunities.
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Panama Interview Series:
Edition 21:
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