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Janis Kestenbaum

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

Janis Kestenbaum

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, 2020-2024

  • 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

Professional Experience

FTC and State Attorney General Investigations

  • Represented leading technology company in FTC investigation regarding the use of artificial intelligence (AI) and machine learning (ML) for the selection and filtering of user-generated content, as well as Children's Online Privacy Protection Act (COPPA) issues. Investigation closed with no enforcement action.
  • Represented cloud-based video security company in FTC investigation of data security incident, online reviews, and marketing practices. Negotiated consent order that resolved all issues.
  • Represented educational technology company in FTC investigation into use of AI and biometrics, data retention, COPPA, and other privacy and data security issues. Investigation closed with no enforcement action.
  • Represented social media platform in state attorney general investigation regarding alleged bias in content moderation practices.
  • Represented mobile ad exchange in FTC COPPA investigation. Investigation closed with no enforcement action.
  • Representing global technology company in FTC investigation regarding acquisition of data for AI model training.
  • Represented one of the world’s largest device manufacturers in FTC investigation regarding privacy and data security issues concerning third-party software installed on consumer devices. Negotiated consent order resolving all allegations.
  • Served as global coordinating counsel for leading technology company in over two dozen inquiries by data protection authorities in the European Union, Asia-Pacific, Latin America, and Canada regarding a data security incident. Argued the case to the French data protection authority (the CNIL) and negotiated resolutions with numerous regulators.
  • Represented mobile app in FTC investigation regarding the collection, use, and disclosure of geolocation information, including de-identification and application programming interface-sharing practices. Investigation closed with no enforcement action.
  • Represented cloud services provider in FTC data security investigation. Investigation closed with no enforcement action.
  • Represented consumer reviews website in FTC investigation regarding advertising disclosure practices. Investigation closed with no enforcement action.
  • Represented interactive technology provider in FTC and state attorney general investigations regarding COPPA and data security issues for a connected device that leveraged AI/ML and was marketed to children. Persuaded both FTC and state attorney general not to require any response to their civil investigative demand (CID) and letter following presentations. Investigations closed with no enforcement action.
  • Represented manufacturer of connected home devices in FTC data security investigation. Investigation closed with no enforcement action.
  • Represented developer of popular mobile gaming app in Children’s Advertising Review Unit COPPA adjudication.
  • Negotiated consent order for cybersecurity services provider concerning certification of APEC global cross-border privacy rules compliance.
  • Represented leading anti-malware software developer in FTC privacy investigation concerning use of consumer data. Investigation closed with no enforcement action.
  • Represented manufacturer of connected home devices in FTC inquiry regarding discontinuation of all device functionality. Investigation closed with no enforcement action.
  • Represented parental monitoring software in FTC data security and privacy inquiry regarding data breach. Persuaded FTC not to issue CID following presentation to agency.
  • Represented developer of AI-based screening tool in FTC inquiry. Persuaded FTC not to issue CID and investigation closed with no enforcement action.
  • Advised nutrition company on defense and settlement of FTC lawsuit alleging deceptive marketing practices.

Compliance Counseling and Regulatory Advice

  • Advises clients on compliance with federal and state privacy, data security and consumer protection laws, such as the FTC Act, COPPA, Gramm-Leach-Bliley Act Privacy and Safeguards Rules, CAN-SPAM Act, Restore Online Shoppers Confidence Act, California Consumer Privacy Act (CCPA) and other comprehensive state consumer privacy laws, and state children’s privacy laws.
  • Counsels clients regarding advertising issues, including Endorsement Guides, influencer marketing, and online reviews, the Restore Online Shoppers’ Confidence Act and recurring subscriptions.
  • Advises leading connected device manufacturers on “end-of-life” product discontinuation and related consumer protection issues.
  • Counsels leading technology company on legal issues related to the development of privacy legislation and related policy issues.
  • Drafted comments to National Telecommunications and Information Administration (NTIA) on privacy issues and California Privacy Protection Agency on implementation of CCPA for leading technology company.
  • Advised internet platform on comments to FTC on update to FTC Endorsement Guides on use of social media influencers and related issues.
  • Represented technology company in NTIA multistakeholder proceeding that issued privacy best practices for the commercial and private use of drones.
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