Extensive experience representing clients successfully before the FTC including:
Successfully representing cutting-edge technology companies in FTC inquires where investigations were ultimately closed.
Negotiating complex settlements with the FTC, including on behalf of public companies.
Handling all aspects of FTC investigations, including responses to Civil Investigative Demands response; staff-, Bureau-, and Commission-level advocacy and negotiations; and ongoing litigation.
Drafting advocacy in major FTC rulemakings and counseling clients on FTC strategic approaches.
Represents clients in CFPB matters, including CID responses, market monitoring inquiries, and supervision and examination, and in responding to state consumer protection and regulatory inquiries.
Provides strategic advice and counseling on cutting edge policy and regulatory issues involving AI, machine learning, and advanced data analytics, including legal obligations and risks, advocacy strategies, AI ethics, and governance frameworks. Has drafted and advised on corporate AI policies for both public and private companies.
Advises on full range of privacy, data security, and data governance obligations under federal and state law, including under FTC Act, Children’s Online Privacy Protection Act (COPPA), Gramm-Leach-Bliley Act (GLBA) Privacy and Safeguards Rules, and California law (CCPA/CPRA), and the Protecting Americans' Data from Foreign Adversaries Act (PADFA), and helps clients assess compliance risk and evolving expectations under existing and proposed legislation.
Counsels on biometric privacy laws including the Illinois Biometric Information Privacy Act (BIPA) and other state laws, including laws and regulations impacting facial recognition technology.
Advises financial technology and other financial services clients on compliance and advocacy, including matters related to Fair Credit Reporting Act (FCRA), Equal Credit Opportunity Act (ECOA), Fair Debt Collection Practices Act (FDCPA), GLBA/Regulation P, Electronic Fund Transfer Act (EFTA)/Regulation E, and other federal and state financial service regulations.
Counsels clients regarding advertising matters, including endorsement guidelines, environmental claims, and “Made in the USA” claims, as well as the Restore Online Shoppers’ Confidence Act (ROSCA), Click-to-Cancel Rule, and negative option and subscription marketing.
Extensively involved in “right to repair” advocacy, compliance counseling, and enforcement matters, including advising on the Magnuson-Moss Warranty Act.
Advises on blockchain, crypto asset, and Web3 regulation at federal and state level, including consumer protection regulations. While at the FTC, he led the FTC’s Blockchain Working Group.
Advocates on policy and legal approaches to fintech regulation. Previously led the FTC’s fintech forum series, focusing on financial regulatory and data privacy issues in AI, peer-to-peer payments, online lending, cryptocurrencies, and blockchain.
Testified before U.S. House of Representatives Financial Service Committee Fintech Task Force, on big data analytics and federal and state privacy laws.
Substantial litigation experience, particularly in technology-focused matters, both at the FTC and in private practice.
Substantial appellate experience, including successful merits briefing in two prominent U.S. Supreme Court cases dealing with First Amendment issues, CLS v. Martinez and Brown v. Entertainment Merchants Association.
