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![Profile photo for Janis C. Kestenbaum](/sites/default/files/styles/portrait_4x5_360x450_1x/public/media/profile621.jpg?itok=vD6Vch4u)
Janis Kestenbaum
- Washington, D.C.
Janis’ counsel to clients is informed by both her high-level experience in public service and years in private practice.
Janis Kestenbaum represents companies being investigated by the Federal Trade Commission (FTC), state attorneys general, and foreign data protection authorities regarding such issues. She also advises clients on compliance with privacy, data security, and consumer protection requirements under federal and state laws, such as the FTC Act, Children's Online Privacy Protection Act (COPPA), and California Consumer Privacy Act (CCPA), and Restore Online Shoppers Confidence Act (ROSCA). She represents companies, from leading public corporations to startups, in high-stakes regulatory and compliance matters.
Janis draws on her experience at the FTC in her advice to clients. As the senior legal advisor to an FTC chair, Janis oversaw the full range of privacy and data security enforcement and policy matters brought before the FTC. She also advised on advertising substantiation, social media influencer marketing, telemarketing, and consumer fraud issues. Janis served on U.S. delegations to the International Conference of Data Protection and Privacy Commissioners, the Asia-Pacific Economic Cooperation Data Privacy Subcommittee, and the Asia Pacific Privacy Authorities Forum.
Ranked in both Chambers USA and Chambers Global, Janis’ clients said she is “incredibly knowledgeable, very sharp and has a real sense of the nuance of how laws are applied in the field.”
Areas of focus
Industries
Services
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 (FTC), Washington, D.C.
Senior Legal Advisor to Chairwoman Edith Ramirez, 2013-2014
Senior Legal Advisor to Commissioner Edith Ramirez, 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, 2020-2024
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
Insights
News
Professional Experience
Regulatory Investigations
- Represented leading technology company in FTC investigation regarding the use of artificial intelligence and machine learning for the selection and filtering of user-generated content, as well as COPPA issues. Investigation closed with no enforcement action.
- Represented ed tech provider in FTC investigation into whether its use artificial intelligence was discriminatory, as well as COPPA and other privacy and data security issues. Investigation closed with no enforcement action.
- Represented ad tech company in FTC COPPA investigation. Investigation closed with no enforcement action.
- 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 high-profile technology company in over two dozen inquiries by data protection authorities in the EU, Asia-Pacific (APAC), Latin America (LATAM), and Canada following a data security incident. Argued case to the French authority (CNIL) and negotiated resolutions with numerous regulators.
- Represented fitness app in FTC investigation regarding the collection, use, and disclosure of geolocation information. 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 provider of interactive technology for high-profile connected devices marketed to children in FTC and state attorney general data security investigations. Investigations closed with no enforcement action.
- Represented manufacturer of connected home devices in FTC data security investigation. Investigation closed with no enforcement action.
- Represented leading developer of mobile gaming apps in Children’s Advertising Review Unit (CARU) COPPA proceeding.
- Negotiated consent order for information security company concerning certification of APEC global cross-border privacy rules (CBPR) compliance.
- Represented leading anti-malware software company in FTC privacy investigation. Investigation closed with no enforcement action.
- Represented major manufacturer of connected home devices in FTC inquiry regarding discontinuation of device functionality. Matter closed with no formal investigation.
- Represented parental monitoring software in FTC data security and privacy inquiry. Matter closed with no formal investigation.
- Represented developer of artificial intelligence-based screening tool in FTC inquiry. Matter closed with no formal investigation.
- Advised nutrition company on defense and settlement of FTC lawsuit alleging deceptive marketing practices.
Compliance Counseling
- Advises array of clients on compliance with broad range of privacy, data security and consumer protection laws, such as the COPPA, FTC Act, Gramm-Leach-Bliley Act (GLBA), Fair Credit Reporting Act (FCRA), CCPA, and Controlling the Assault of Non-Solicited Pornography And Marketing Act (CAN-SPAM) Act.
- Counsels clients on compliance with recent FTC guidance regarding endorsements, social media influencers, and native advertising.
- Advises a number of leading Internet of Things (IoT)/connected device manufacturers on “end-of-life” product deprecation and other consumer protection issues.
Public Policy Advocacy
- Advises technology companies on legal issues related to the development of federal privacy legislation.
- Drafted comments to National Telecommunications and Information Administration (NTIA) on IoT privacy and data security issues for leading connected device manufacturer.
- Advised major internet platform on comments to FTC on update to guidance on social media influencer issues.
- Represented prominent technology company in NTIA multistakeholder proceeding that developed privacy best practices for the commercial and private use of drones.