Daniel Kaufman

He | Him | His

Partner

Washington, D.C.
T +1.202.861.1523
F +1.202.861.1783

Overview

Daniel Kaufman brings nearly 25 years of experience with the Federal Trade Commission's Bureau of Consumer Protection, recently leading the 450-person Bureau as Acting Director, where he oversaw all consumer protection matters, including investigations and cases involving privacy, data security, advertising, influencers, endorsers and other marketing practices. As Deputy Director of the Bureau for most of the past ten years, Daniel has been involved in virtually every high-profile consumer protection and privacy case brought by the FTC in the past decade, including matters involving some of the largest technology and consumer products companies and matters involving newer start-ups and innovators.

A preeminent thought leader and subject matter expert in advertising and data privacy issues, he is a frequent speaker on consumer protection matters and can provide context for the challenges our clients face regarding privacy and consumer advertising. He has unique insights into what is in store for the industry as the FTC changes direction with new leadership, new priorities, the use of different legal authorities and collaborations with state and federal partners.

Daniel joined the FTC as a staff attorney in 1998, where he litigated cases challenging unsubstantiated health and disease claims in the Division of Advertising Practices. He served as an Attorney-Advisor to former FTC Chairman Deborah Platt Majoras from 2005 to 2008, and as Bureau Chief of Staff from 2008 to 2011. As Acting Director, he appeared before the U.S. Senate Subcommittee on Consumer Protection, Product Safety and Data Security and delivered a statement regarding COVID frauds and scams. In 2015, he testified on fighting fraud against the elderly before the U.S. House of Representatives Subcommittee on Commerce, Manufacturing and Trade of the Committee on Energy and Commerce.

Prior to joining the FTC, Daniel spent four years in New York City as a litigator.

Recognitions and Memberships

Recognitions

  • The Legal 500 United States
    • Recommended in Media, Technology and Telecoms: Advertising and Marketing - Transactional and Regulatory (2022)
    • Recommended in Media, Technology and Telecoms: Cyber Law (including Data Privacy and Data Protection) (2022)

Memberships

  • American Bar Association
  • National LGBTQ+ Bar Association

Blog Posts

Prior Positions

  • Federal Trade Commission, Bureau of Consumer Protection:
    • Acting Director (2021)
    • Deputy Director (2012 to 2021)
    • Chief of Staff (2008 to 2011)
    • Attorney-Advisor to Chairman (2005 to 2008)
    • Staff Attorney, Division of Advertising Practices (1998 to 2005)

Admissions

  • New York
  • District of Columbia

Education

  • J.D., University of Pennsylvania Law School, 1994, cum laude; Order of the Coif
  • B.A., Cornell University, 1989

Blog

In The Blogs

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AD-ttorneys Law Blog
$62 Million Is Something to Write Home About – the Opendoor Case
By Daniel Kaufman
August 4, 2022
A recent Federal Trade Commission (FTC) lawsuit and settlement with Opendoor Labs Inc. (Opendoor) is a must-read even if you are not in the real estate business. But if you don’t want to actually read it, we’ve got you covered. The case...
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AD-ttorneys Law Blog
Not Every Payment Processing Case Is the Same – the Latest FTC Case Provides Some Helpful Reminders
By Daniel Kaufman
August 1, 2022
Most of the Federal Trade Commission’s (FTC) law enforcement actions involving payment processors have exclusively focused on allegations that processors did not do sufficient due diligence before onboarding questionable merchants. The...
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AD-ttorneys Law Blog
FTC and DOJ MOUs with NLRB Reflect the Administration's Ongoing Focus on Restrictive Labor Relationships
By Marc A. Antonetti, Daniel Kaufman, Ann M. O'Brien
July 28, 2022
Last week, the Federal Trade Commission (FTC) and the National Labor Relations Board (NLRB) announced that the agencies had entered into a new Memorandum of Understanding (MOU). The FTC press release touted the MOU as a big deal, stating...
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Employment Law Spotlight
FTC and DOJ MOUs with NLRB Reflect the Administration's Ongoing Focus on Restrictive Labor Relationships and the Gig Economy
By Marc A. Antonetti, Daniel Kaufman, Ann M. O'Brien
July 27, 2022
Last week, the Federal Trade Commission (FTC) and the National Labor Relations Board (NLRB) announced that the agencies had entered into a new Memorandum of Understanding (MOU). The FTC press release touted the MOU as a big deal, stating...
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AD-ttorneys Law Blog
A Flurry of Right to Repair Activity from the FTC – What You Need to Know
By Daniel Kaufman
July 8, 2022
“Right to repair” is a consumer protection issue that is rapidly picking up steam. In addition to federal legislation that was introduced in 2022, there has been quite a lot of recent state legislative activity. And we have seen a lot more...
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