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Joanna Rosen Forster

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Joanna Forster’s multifaceted background positions her to effectively manage conflicts across the legal spectrum and across the globe. In her prior roles as general counsel (representing both plaintiffs and defendants) and as government prosecutor/enforcer, Joanna handled nearly every type of matter, ranging from complex commercial and white collar matters in areas such as employment, intellectual property, securities and antitrust law, to internal investigations and corporate and M&A transactions. She views her role as both a conflict manager, dispensing advice to avoid adversarial action, and as a tech and business litigator, resolving disputes with her client’s business goals in mind.

Having served as the general counsel and compliance officer of a publicly traded ecommerce platform operating in over 60 countries, Joanna has an appreciation of strategic dispute resolution, investigations, and compliance from a general counsel’s perspective. By understanding how business leaders combine the input of in-house and outside counsel to make decisions, Joanna is able to provide her clients with decisive and efficient legal guidance.

Her practice includes litigating domestic and cross-border complex commercial disputes and advising technology and ecommerce companies on matters related to internet platforms, product launches, market campaigns, and new vertical lines of business, all while advising on foreign and domestic laws that regulate online content, physical products, and the companies that bring them to market. Drawing on her experience as the General Counsel of an online e-commerce marketplace, Joanna also regularly advises and counsels clients on California’s Proposition 65, from prevention and compliance to remediation. Joanna is well-versed in key regulations that impact ecommerce companies, including the EU’s Digital Services Act, the U.S. INFORM Act, and the proposed SHOP SAFE Act, as well as laws and regulations that govern online speech such as the Communications Decency Act, Section 230.

Prior to going in-house, Joanna was the deputy attorney general, Corporate Fraud Section of the California Department of Justice. In this capacity, she led large, complex civil matters alleging violations of California’s False Claims Act, Securities Law, Section 17200, Cartwright Act, and other deceptive business practices. She also maintained her own investigations and litigation docket.

Before joining the California Department of Justice, Joanna spent nearly a decade in private practice, where she focused on civil and criminal antitrust and commercial litigation. She also served as a law clerk for the Honorable Consuelo B. Marshall in the U.S. District Court for the Central District Court of California.

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2026 will be a significant year for retailers and e-commerce companies, with significant changes on the horizon that will affect the entire industry and ecosystem. In this alert, we highlight the top issues retailers and e-commerce companies should be aware of and ready to tackle in 2026. Click here to continue reading the full version…

Federal Trade Commission
The building of the Federal Trade Commission in downtown Washington DC.

As we approach the end of the year, the FTC has been active in the consumer protection arena, reopening and setting aside a consent order due to President Trump’s AI Executive Order, analyzing consumer losses to rental scams, and warning companies about possible violations of the new Consumer Review Rule. More on these stories after the jump.Continue Reading FTC Updates (December 22 – 26, 2025)

Federal Trade Commission
The building of the Federal Trade Commission in downtown Washington DC.

Wednesday, November 26, 2025

Bureau of Competition; Competition; Nonmerger; Noncompete

  • The FTC finalized a consent order requiring Gateway Services, Inc. and its subsidiary, Gateway US Holdings, Inc. (collectively “Gateway”) to stop entering into or enforcing noncompete agreements on their employees. The order followed the FTC’s September 2025 complaint, which alleged that Gateway’s noncompete agreements were anticompetitive and suppressed competition. Previously, these agreements prohibited Gateway employees from working in the pet cremation industry anywhere in the United States for one year after leaving the company. Under the consent order, Gateway must stop enforcing its existing noncompete agreements and is prohibited from entering into similar agreements in the future.

Continue Reading Updates November 24 – December 5, 2025

Federal Trade Commission
The building of the Federal Trade Commission in downtown Washington DC.

Due to the government shutdown, the FTC is closed aside from essential services.  Therefore, Crowell’s FTC updates will resume after the shutdown ends.

The FTC proposed recommendations to rescind and lighten its own regulations. The agency also published its 47th Annual Hart-Scott-Rodino (HSR) Report summarizing merger enforcement actions in 2024. These stories, and more, after the jump.Continue Reading FTC Updates September 2 – 26, 2025

Federal Trade Commission
The building of the Federal Trade Commission in downtown Washington DC.

The FTC continues to prioritize consumer protection and fair competition, taking significant steps to prosecute and deter offenders while returning funds to consumers in recent cases.  In August 2025, the agency secured a $14 million settlement with Match Group, Inc. to stop deceptive advertising and billing practices in the online dating industry.  Additionally, the FTC addressed antitrust concerns in the transportation sector by ensuring that collaboration among industry leaders does not hinder competition.  The agency also commenced lawsuits against ticket resellers and scored a major victory in a pending case against a multi-level marketing company.  Finally, the Commission initiated actions against multiple companies for false or misleading claims, revealing its current priorities and thinking on claims related to Artificial Intelligence (“AI”).  These stories, and more, after the jump. Continue Reading FTC Updates (August 4 –August 22, 2025)

Federal Trade Commission
The building of the Federal Trade Commission in downtown Washington DC.

In the heat of summer, the FTC’s Bureau of Consumer Protection curbed deceptive weight-loss claims by sellers of GLP-1s, as well as debt relief scams and secret mobile data collection. The FTC also reopened and set aside a final consent order regarding Exxon Mobil’s board and management following its acquisition of Pioneer Natural Resources. These stories and more, after the jump.Continue Reading FTC Updates (July 14 – 25, 2025)

Luxury Clothing Store With Clothes, Shoes And Other Personal Accessories.

Register now to join Crowell & Moring partners Joanna Forster, Cheri Falvey, Clay Marquez, Meghan McMeel, Stefan Meisner, and counsel Shauneida Navarrete as they discuss significant legal changes in the first half of 2025 that impact retailers/e-commerce in the United States. The webinar will take place on Wednesday, July 30, 2025 from 12:00 – 1:00 p.m. ET. Continue Reading Register Now! H2 2025: What Retailers/E-Commerce Need to Know Webinar

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On July 14, 2025, the FTC announced its enforcement action against telemedicine company NextMed over charges it used misleading prices, fake reviews and deceptive weight-loss claims to sell GLP-1 weight-loss drugs. The FTC has now settled its charges that NextMed used deceptive practices to lure consumers into buying their weight-loss membership programs that had hidden terms and conditions. With the rise of both authentic and counterfeit GLP-1s throughout the nation and the proliferation of the availability of GLP-1s from telemedicine/telehealth companies, online pharmacies and medspas, this announcement is a sign that the federal government will actively monitor these entities to ensure consumers are getting genuine, authentic GLP-1s, that consumers are making informed decisions about weight-loss drugs, and that consumers are not being deceived and duped in the frenzy over GLP-1s.Continue Reading FTC Uses Its Consumer Protection Powers to Regulate Sellers of GLP-1s

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On July 8, 2025, the Eighth Circuit vacated the Federal Trade Commission’s (“FTC”) Negative Option Rule, also known as the Click-to-Cancel Rule, on procedural grounds. The Click-to-Cancel Rule, which provided a streamlined path for consumers to cancel subscription services in a few clicks of a mouse, was scheduled to take effect on July 14, 2025, but the Court found that the FTC had failed to follow mandatory procedural requirements.

Petitioners argued that the FTC had, in implementing the rule, exceeded its statutory authority, skipped a requisite preliminary regulatory analysis during the rulemaking process pursuant to Section 22 of the Federal Trade Commission Act (“FTC Act”), and acted in an arbitrary and capricious manner under the Administrative Procedure Act (“APA”) by enacting the Click-to-Cancel Rule. The Court agreed, finding that the FTC violated Section 22 of the FTC Act.Continue Reading Eighth Circuit Cancels Click-to-Cancel