Professional Biography

Janis Claire Kestenbaum Partner

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Overview

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.

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