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Janis Kestenbaum

Profile photo for Janis C. Kestenbaum
Profile photo for Janis C. Kestenbaum
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Janis Kestenbaum

  • Washington, D.C.
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Valued for her government experience and track record of success, Janis helps clients navigate complex regulatory inquiries and compliance issues involving privacy, data security, advertising, and artificial intelligence.

Janis Kestenbaum represents businesses in investigations by the Federal Trade Commission (FTC), state attorneys general, and foreign data protection authorities, and has successfully resolved dozens of investigations without enforcement action. Janis also counsels on compliance with a broad range of privacy, data security, advertising, and similar obligations under federal and state law including the FTC Act, Children's Online Privacy Protection Act, California Consumer Privacy Act, Gramm-Leach-Bliley Act, and Restore Online Shoppers’ Confidence Act, and helps clients understand evolving compliance risk.

Janis is recognized among the nation’s top privacy lawyers by Chambers Global and Chambers USA, with clients remarking that she is “incredibly knowledgeable” and offers “real insight in terms of regulatory risk” and “nuance of how laws are applied in the field.”

In representing clients, Janis draws on her experience as the senior legal advisor to an FTC chair. In that capacity, she oversaw the full range of privacy and data security enforcement, and policy matters brought before the FTC and advised on advertising substantiation, social media influencer marketing, telemarketing, and consumer fraud issues. She served on U.S. delegations to APEC, the Global Privacy Assembly (formerly the International Conference of Data Protection and Privacy Commissioners), and the Asia Pacific Privacy Authorities Forum. Janis previously investigated and prosecuted deceptive and unfair trade practices cases in the FTC’s Division of Marketing Practices.

Janis has handled complex civil litigation for more than 20 years in the government and private practice. She began her career as a trial attorney in the Federal Programs Branch, Civil Division of the U.S. Department of Justice, where she represented federal agencies and officials in federal district courts and courts of appeals in constitutional and regulatory litigation.

Education & Credentials

Education

  • Harvard Law School, J.D., magna cum laude, Editor, Harvard Law Review
  • Duke University, B.A., History; Public Policy, magna cum laude, Phi Beta Kappa

Bar and Court Admissions

  • District of Columbia
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Ninth Circuit

Related Employment

  • Federal Trade Commission, Washington, D.C.

    Senior Legal Advisor to FTC Chair, 2013-2014
    Senior Legal Advisor to Commissioner, 2010-2013
    Division of Marketing Practices, Bureau of Consumer Protection, Staff Attorney, 2006-2010

Clerkships

  • Hon. Edward Becker, U.S. Court of Appeals for the Third Circuit

Professional Recognition

  • Listed in Chambers USA "America's Leading Lawyers" for Privacy & Data Security, 2019-2024

  • Listed in Chambers Global Guide, 2020-2025

  • Listed in Best Lawyers in America: Privacy and Data Security Law, 2020-2025

  • Listed in Lawdragon 500 Leading Global Cyber Lawyers, 2024

Impact

Professional Leadership

  • ABA Antitrust Magazine, Associate Editor, June 2016-present
  • American Bar Association, Antitrust Section, Vice-Chair, Privacy and Information Security Committee, 2020
  • American Bar Association, Antitrust Section, Vice-Chair, Big Data Task Force, 2018-2020
  • International Association of Privacy Professionals Research Advisory Board, Member, 2017-2018
  • International Association of Privacy Professionals Education Advisory Board, Member, 2014-2016

Community Involvement

  • Washington English Center, Teacher, 2010-2014
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