Careers

Diversity

With 17 offices, from New York to Los Angeles and Seattle to Orlando, we live and work in communities all over the U.S., collaborating across locations, disciplines and even borders. Our experienced, highly ranked lawyers serve businesses wherever they are and wherever they want to go.

Offices

About Us

Pages

Professionals

Thought leadership: blogs, podcasts, videos, publications, events and news

Insights

Services

Pro Bono

Am Law 100 firm with practices in Business, Digital Assets and Data Management, Intellectual Property, Labor & Employment, Litigation and Tax.

Home | BakerHostetler

SEC Director of Enforcement Warns of a ‘Perfect Storm’ Developing Around AI

The Privacy Strategist – The Children’s Data Life Cycle

Sophilia Wu Receives Best Lawyer Under 40 Award from the State Bar of Texas Asian Pacific Interest Section

Amy Traub Serves as Commentator for 76th NYU Annual Conference on Labor & Employment Law: Challenges & Opportunities

A preeminent thought leader and subject matter authority 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 in the areas of 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.
Prior to his time at BakerHostetler, Daniel spent more than 23 years at the FTC’s Bureau of Consumer Protection. In 2021, he led the 450-person Bureau as Acting Director, overseeing all consumer protection matters, including investigations and cases involving privacy, data security, advertising, influencers, endorsers and other marketing practices. He spent 10 years as Deputy Director of the Bureau and was involved in countless high-profile consumer protection and privacy cases brought by the FTC, including matters involving some of the largest technology and consumer products companies and others involving newer startups and innovators. 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-19 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. Daniel started his FTC career in the Division of Advertising Practices and litigated numerous advertising cases.
Before joining the FTC, Daniel spent four years in New York City as a litigator.

core/freeform

J.D., University of Pennsylvania Law School, 1994, 

B.A., Cornell University, 1989

<ul>
<li>The Legal 500 United States
<ul>
<li>Recommended in Media, Technology and Telecoms: Advertising and Marketing &#8211; Transactional and Regulatory (2022 to 2023)</li>
<li>Recommended in Media, Technology and Telecoms: Cyber Law (including Data Privacy and Data Protection) (2022)</li>
</ul>
</li>
</ul>

Washington, D.C.

The FTC’s Rule on Non-Competes – Next Steps Following the Final Rule

ADventures in Law

FTC Case Against VoIP Provider Collides with Section 230 of the Communications Decency Act

Daniel Kaufman, Jack Ferry Present Webinar on Dark Patterns, Junk Fees and Negative Options

Daniel Kaufman, Jonno Forman Quoted in Regulatory Compliance Watch

It’s Time to Face the Music: FTC Says ‘No’ to Facial Recognition-Based Consent Under COPPA

2024 Advertising CLE Showcase: FTC Rulemakings and Why They Matter to all Marketers

AD Nauseam: The Best Podcast (Fact or Puffery?)

The Latest Public FTC Meeting: A Telemarketing Recap and Supply Chain Issues

AD Nauseam

AD Nauseam: AI – We Had to Discuss it Eventually – Part 2

And Then There Were Five – Bring on the Dissents – We Have a Full Commission

AD Nauseam: AI – We Had to Discuss it Eventually – Part 1

How Did the FTC Get $16 Million in a Recent FTC Act Privacy Case?

Daniel Kaufman Calls Decision in FTC Privacy Suit a Significant Win

Daniel Kaufman Comments on FTC’s Latest Report Regarding Consumer Fraud

Daniel Kaufman Weighs in on FTC Rite Ad Order in Cybersecurity Law Report Article

Money, Money, Money – Recent Decision Shows a Court Wrestling with the Proper Amount of Civil Penalties to Award the FTC

Keeping Up with the FTC Rulemakings – Part One

AD Nauseam: NAD and Why Can’t We Be Friends

AD-ttorneys@law – January 31, 2024

AD Nauseam – Children, They are Indeed Our Future – COPPA Developments

The Times They Are COPPA-Changing! FTC’s Latest Public Meeting Discusses Proposed Updates to Children’s Privacy Rules

AD Nauseam: Testimonials and Endorsements – How Many Disclosures is Too Many

Graphic image with Transparency, Requirements, Law, Audit, Regulations, Terms, and Compliance written in hexagon shaped boxes

In Case You Were Focused on the Holidays and Not the FTC – It’s COPPA and Facial Recognition Time

AD-ttorneys@law – December 21, 2023

AD Nauseam: Looking in the Crystal Ball: AD Nauseum Predictions and Resolutions for 2024

2024 Advertising CLE Webinar Showcase

AD Nauseam: Cabbage Soup v. Keto Diet: The Evolving FTC and NAD Approach to Post-Holiday Weight Loss Claims

Junk Fees Rulemaking: How Hard Can It Be to Figure Out the Price of a Burrito?

AD-ttorneys@law – December 4, 2023

Cloudy with a Chance of AI: Navigating the FTC’s Regulatory Forecast

Considering the past and future of FTC privacy enforcement

2023 Advertising CLE Webinar Showcase

AD-ttorneys@law – November 10, 2023

Kaufman shares insights into FTC’s current approach to consumer protection

AD Nauseam: Junk Fees Will Keep Us Together

Kaufman says amended FTC lawsuit against Kochava provides ‘far more compelling narrative’

Multiple partners address Association of National Advertisers annual conference

FTC Amends Safeguards Rule to Require Notification of Unauthorized Data Acquisitions to the Agency

Kaufman assesses the potential impact of a requested strengthening of the FTC Act

Increasingly, the FTC is partnering with the DOJ on consumer protection enforcement

AD-ttorneys@law – October 20, 2023

Responses to regulatory requests, investigations must be speedy, confident

AD Nauseam: What is This Unfairness Thing You Keep Talking About?

AD-ttorneys@law – October 6, 2023

District Court Decision Digs Deep into the FTC and Agency Law

Nominees not likely to support some current FTC priorities

AD-ttorneys@law – September 26, 2023

AD Nauseam: A Very Special AD Nauseam – Back to School

Partners discuss FTC rulemaking, litigation at direct selling seminar

Latest FTC Public Meeting Asks, ‘Won’t Somebody Please Think of the Children?’

Companies: Regulators are looking ‘very closely’ at your AI use

AD Nauseam: It’s Always Sunny in Philadelphia for the NAD Conference

Regulators are keen to uncover how uses of digital assets, like AI, may violate FTC Act

2023 DSIR Report Deeper Dive

2023 DSIR Deeper Dive: FTC Update

AD-ttorneys@law – August 25, 2023

AD Nauseam: The FTC’s Updated Endorsement Guides: Get into the Groove

AD-ttorneys@law – August 14, 2023

AD Nauseam: What Do CBD and the Inform Act Have in Common?

At Direct Selling Summit, Daniel Kaufman Discusses FTC Health Claims Guidance

Daniel Kaufman, Sarah La Voi and Jack Ferry Offer Federal Policy, Enforcement Update in National Advertisers Webinar

AD-ttorneys@law – July 27, 2023

An Interesting New Proposal on Obtaining COPPA Verified Parental Consent

Daniel Kaufman Says New Methods Are Needed to Ensure Only Adults Can Give Consent

Daniel Kaufman Says Critiques of FTC Do Not Diminish Importance of Issues It Addresses

Compliance concept with icons, virtual screen, businessman touching button

That House FTC Oversight Hearing Sure Was Something

AD Nauseam: Lifestyles of the Rich, the Famous and the Celebrity Influencers – an FTC Perspective

Recapping the FTC Rulemakings Initiated Since 2021 – A Lot of Announcements and Just a Few Developments

Five Stars for Speedy Delivery – FTC Takes a Quick and Major Step Toward Regulating Online Review Practices

Daniel Kaufman Discusses Proposed FTC Rule to Curb Fake Product Reviews

The FTC’s Latest Made in the USA Case Is a Reminder of the Different Ways the Agency Can Still Get Money Post-AMG

AD Nauseam: Online Reviews

BakerHostetler Receives Partnership Award from Direct Selling Association

AD-ttorneys@law – June 16, 2023

BakerHostetler Attorneys and Practice Areas Recognized in The Legal 500 2023 Guide

AD Nauseam: Claims that Products are Made in the USA

It’s Complicated, but We’re Still Wishing a Happy Pride Month to Everyone

Let’s Get Informed About the INFORM Act

AD-ttorneys@law – June 1, 2023

Endorsements and Actual Usage – A Deep Dive into the FTC and State Attorneys General Lawsuits Against Google

AD-ttorneys@law – May 23, 2023

FTC’s 20th Public Meeting – Privacy, Privacy and More Privacy

AD Nauseam: A Deep Dive into the Updated FTC Health Guidance, Part 3

Data Counsel

DSIR Deeper Dive: Privacy at the FTC – What Are the Hot Topics Almost Two Years Into the Khan Administration?

Holidays and Marketing May Not Always Be a Perfect Match

Daniel Kaufman Says Kochava Case Dismissal Highlights FTC’s Limited Tools on Emerging Privacy Issues

AD Nauseam: A Deep Dive into the Updated FTC Health Guidance, Part 2

Deciphering the Recent FTC Trilogy of Blog Posts on Artificial Intelligence

Daniel Kaufman and Linda Goldstein Speak About FTC Trends Involving Tech

AD-ttorneys@law – April 20, 2023

AD Nauseam: A Deep Dive into the Updated FTC Health Guidance, Part 1

FTC Brings the Supreme Court Together Again

FTC Reverts to Penalty Letters, Threatening 670 Companies with Penalties for Unsubstantiated Health Claims and Maybe More

Daniel Kaufman and Randal Shaheen Discuss Major Impacts of FTC Rulemaking

AD-ttorneys@law – April 10, 2023

AD Nauseam: Dark Patterns

FTC One-Ups Itself with One Proposed Rule to Rule All Subscription Services

Daniel Kaufman Says Federal Trade Commission Will Stay Focused on Health Privacy Concerns

FTC Defendants Stumble After a Disorderly Race to the Courthouse

AD Nauseam: The FTC’s Review of the Green Guides and Things to Consider with Sustainability Promises

Antitrust and Competition

Digital Assets and Data Management

Advertising, Marketing and Digital Media

<ul>
<li>Represented a leading technology company in a Federal Trade Commission (FTC) investigation related to billing practices and influencers.</li>
<li>Represented a leading health company in connection with an FTC privacy investigation focused on the sharing of health data.</li>
<li>Represented numerous companies with respect to FTC investigations into subscription services and online disclosures.</li>
<li>Drafted comments in connection with multiple FTC rulemakings and guide reviews.</li>
<li>Counseled many companies on FTC compliance and best practices.</li>
<li>Represented numerous companies in connection with state data breach investigations, including a matter in the District of Columbia that resulted in a closing letter.</li>
<li>Counseled numerous companies on green marketing issues and environmental claims.</li>
<li>Conducted numerous client trainings on a wide range of issues, including general FTC hot topics and priorities, influencer practices and earnings claims.</li>
<li>Represented leading companies and associations before the National Advertising Division and the National Advertising Review Board.</li>
</ul>

Daniel Kaufman

Daniel Kaufman

Experience

Recognitions and Memberships

Insights and News

Prior Positions

Credentials

Areas of Focus

Services

Featured Insights