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Chicago
April 8, 2010
Kimball Anderson Quoted on TV Pitchman’s Appeal

Winston & Strawn partner Kimball Anderson was quoted in various news sources on April 8, 2010, including the Chicago Sun-Times, Chicago Tribune, and the Associated Press, for his representation of TV pitchman Kevin Trudeau.

Anderson argued before an appellate court that a federal judge unjustly held Trudeau in criminal contempt and sentenced him to 30 days in jail after Trudeau encouraged his supporters to flood the judge's inbox with supportive messages.

U.S. District Judge Robert W. Gettleman should have held a hearing before imposing the jail term in February, Anderson said. Even when the president receives an e-mail threat, the accused receives due process, Anderson said during arguments before a three-judge panel.

"There's nothing that says judges get more power than the president of the United States," Anderson said.

Anderson also argued that Trudeau should not be held in contempt because in order for such a charge to stand, the action would have to occur in a courtroom, in front of a judge, and affect the "administration of justice."

The contempt change comes after a court upheld Federal Trade Commission charges that advertisements for Trudeau's weight-loss books have been deceptive. Trudeau is facing a steep fine from Judge Gettleman for continuing to run ads against a court order.

The appellate panel took the case under advisement and had no set deadline by which to rule.

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