Barry J. Cutler

Of Counsel

Washington, D.C.
T 202.861.1572  |  F 202.861.1783

For the past 20 years, Barry Cutler has focused his practice on providing clients with advice on compliance with consumer law requirements and defending companies that have been challenged by the FTC, a state attorney general, or a private party. Having been an Assistant United States Attorney and Director of the FTC's Bureau of Consumer Protection, Barry brings unique knowledge to his practice and has been engaged several time for his familiarity with consumer law, testifying in court as an expert witness on two occasions and providing deposition testimony on several others. He thinks broadly about his clients' long-term interests, addressing what course of action will maximize the ability to achieve their goals.

While at the FTC, Barry managed about 200 lawyers at headquarters and in 10 regional offices. He received the highest staff honor, the Distinguished Service Award. He also served as a U.S. Representative to the Consumer Policy Committee of the OECD in Paris.

Select Experience

  • Represented client in matter in which reversal on appeal of decision that upheld national regulations requiring every bus and subway system in the United States be fitted with wheelchair lifts was obtained. Served as lead counsel in District Court and Court of Appeals during challenge to controversial Department of Transportation and Urban Mass Transportation Act regulations.
  • Served as co-counsel in obtaining jury acquittal for Regional Customs Director on all 15 counts of allegedly accepting illegal gratuities. Worked on pretrial issues and questioned witnesses before federal jury.
  • Served as lead defense counsel in litigation and briefing summary judgment motion against FTC fraud allegations in federal court under new statute to award monetary relief to consumers. Case was dismissed.
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Experience

  • Represented client in matter in which reversal on appeal of decision that upheld national regulations requiring every bus and subway system in the United States be fitted with wheelchair lifts was obtained. Served as lead counsel in District Court and Court of Appeals during challenge to controversial Department of Transportation and Urban Mass Transportation Act regulations.
  • Served as co-counsel in obtaining jury acquittal for Regional Customs Director on all 15 counts of allegedly accepting illegal gratuities. Worked on pretrial issues and questioned witnesses before federal jury.
  • Served as lead defense counsel in litigation and briefing summary judgment motion against FTC fraud allegations in federal court under new statute to award monetary relief to consumers. Case was dismissed.
  • Member of team that in case involving allegations of conspiracy to preclude a new hospital in Little Rock, Arkansas.  Summary judgment was granted in favor of client.  Conducted and defended numerous depositions and discovery and worked on summary judgment brief.
  • Obtained dismissal of non-public FTC investigations against well-known sellers and advertising agencies or reached settlements in defense of FTC investigations.

Recognitions

  • FTC Distinguished Service Award (1993)

Memberships

  • BNA's Antitrust & Trade Regulation Reporter: Editorial Advisory Board

Community

  • United Cerebral Palsy of Maryland, Inc.: Board of Directors, Member (1995 to 2006)
  • Cornell University, Class of 1965: Executive Committee (2003 to present)

Services

Prior Positions

  • Electronic Retailing Association: Government Affairs Committee
  • Cornell University, Class of 1965: Co-President (2005 to 2010)
  • Better Business Bureau/National Advertising Review Board: Member (2004 to 2010)
  • Cornell University: Arts & Sciences Dean's Advisory Committee (2001 to 2013)
  • ABA Consumer Protections Committee: Vice Chair (1990 to 1996)
  • Federal Trade Commission's Bureau of Consumer Protection: Director (1990 to 1993)
    • Assistant General Counsel (1976 to 1978)
    • Bureau of Consumer Protection: Deputy Assistant Director (1974 to 1976)
  • District of Connecticut: Assistant United States Attorney (1970 to 1974)
  • Yale Law School: Tutor-in-Law (adjunct) in Trial Practice Seminar (1972 to 1974)
  • Law Clerk for the United States Court of Appeals for the Second Circuit (1968 to 1970)

Admissions

  • District of Columbia, 1975
  • Connecticut, 1971
  • New York, 1968

Education

  • J.D., Columbia University School of Law, 1968
  • A.B., Cornell University, 1965