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Janis Kestenbaum is a partner in the Privacy & Security practice and Advertising, Marketing & Promotions industry group. Janis represents companies under investigation by the Federal Trade Commission (FTC), state attorneys general, congressional committees, and foreign data protection authorities regarding privacy, data security, and consumer protection 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). Companies in a wide array of industries—ranging from some of the world's largest public corporations to venture-backed startups—have trusted Janis with high-stakes regulatory and compliance matters.
According to Chambers USA 2020, Janis is “particularly noted for her strength in representing clients in FTC investigations” and described as “incredibly knowledgeable, very sharp and has a real sense of the nuance of how laws are applied in the field.”
In advising clients, Janis draws on her experience in senior positions at the FTC. As the senior legal advisor to an FTC chair, Janis oversaw the full range of privacy and data security enforcement and policy matters to come before the FTC, as well as advised on advertising substantiation, social media influencer marketing, telemarketing, and consumer fraud issues. She also served on 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 investigated and prosecuted deceptive and unfair business practices as a staff attorney in the FTC Division of Marketing Practices.
Throughout her career, Janis has alternated between public service and private practice, which she began in the Federal Programs Branch of the Civil Division of the U.S. Department of Justice (DOJ), where she represented an array of federal agencies and officials in constitutional and statutory challenges in federal district and appellate courts across the country.
