Professional Biography

Janis Claire Kestenbaum Partner

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OVERVIEW

Janis Kestenbaum is a partner in the Privacy & Security practice and Advertising, Marketing and Promotions group. Janis has defended major corporations and start-ups in Federal Trade Commission and state attorney general investigations and before Congress. She also counsels clients on compliance with the federal and state privacy, data security, and consumer protection laws as well as data protection obligations under the EU General Data Protection Regulation. Her clients include cloud providers, hardware manufacturers, online software and mobile app developers, retailers, and fin tech companies.

Janis brings to her work the benefit of years of experience at the highest levels of the FTC, where she served as senior legal advisor to Federal Trade Commission Chairwoman Edith Ramirez. In that capacity, Janis counseled on and oversaw the full range of privacy and data security enforcement matters and policy issues to come before the Commission, including those involving the Children’s Online Privacy Protection Act, the negotiation of the EU-U.S. Privacy Shield, data security, mobile privacy, big data and predictive analytics, interest-based advertising, Fair Credit Reporting Act and social networks. She also advised on advertising substantiation, endorsements and influencer marketing, telemarketing and consumer fraud issues. While at the FTC, Janis served as a member of U.S. delegations to the International Conference of Data Protection and Privacy Commissioners, the Asia-Pacific Economic Cooperation (APEC) Data Privacy Subcommittee and the Asia-Pacific Privacy Authorities forum.

Janis previously served in the FTC’s Division of Marketing Practices, where she investigated and prosecuted deceptive and unfair business practices.

Janis has alternated between public service and private practice throughout her legal career, which she began as a trial attorney in the Federal Programs Branch of the Civil Division of the U.S. Department of Justice, where she defended constitutional challenges to federal laws in trial and appellate courts across the country.

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Professional Leadership

  • ABA Antitrust Magazine, Associate Editor, June 2016 - Present
  • International Association of Privacy Professionals Research Advisory Board, Member, January 2017 - Present
  • International Association of Privacy Professionals Education Advisory Board, Member, 2014 - 2016

Community Involvement

  • Washington English Center, Teacher, 2010 - 2014

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

EXPERIENCE

NEWS

PUBLICATIONS & PRESENTATIONS

RELATED INFORMATION

Areas of Focus

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

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