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

Home | BakerHostetler

BakerHostetler IP Group Has Strong Showing in 2025 IAM Patent 1000 Guide

Supreme Court to Decide the Fate of Universal Injunctions

Lee Rosebush, Marc Wagner Represent SCA Pharmaceuticals in Litigation Against FDA

US Court of International Trade Strikes Down IEEPA Tariffs

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: Transactional and Regulatory (2022 to 2024)</li>
<li>Recommended in Media, Technology and Telecoms: Cyber Law (including data privacy and data protection) (2022)</li>
</ul>
</li>
<li>Chambers USA: Advertising: Transactional and Regulatory, Nationwide
<ul>
<li>Band 4 (2024)</li>
</ul>
</li>
</ul>

Washington, D.C.

AD Nauseam

AD Nauseam: Phyllis!

ADventures in Law

FTC Delays Enforcement of Negative Option Rule Until July 14

AD Nauseam: Left to Our Own Devices

AD Nauseam: Survey Says: The Consumer Perception Study Series Pt. 1

AD Nauseam: The Safety Dance on Safety Claims

AD Nauseam: Show Me the Money

FTC Files Brief Fully Supporting Its Click-to-Cancel Rule

Chairman Ferguson’s Federal Trade Commission: Nearly Two Months In

AD Nauseam: Three’s a Liability

AD Nauseam: The Fine Print: Why Truth in Ads Matters

5th Circuit Slams the Brakes on FTC’s CARS Rule

Trump 2.0: What to Expect in Antitrust Enforcement (Concurrences Review)

COPPA is All Grown Up: FTC Finalizes Rule

AD Nauseam: Khan Era Ends with Announcements and Drama

Daniel Kaufman, Victoria Weatherford Present at Consumer and Unfair Competition Law Institute

Junk Fees Will Be Pursued Regardless of the Fate of FTC Rules

ADventures in Law 2025 CLE Webinar: 2024 Year in Review

The Federal Trade Commission – The Week That Was

In the Matter of ‘accessiBe’ – Can This Case Provide a Window into the Direction of Andrew Ferguson’s FTC?

AD Nauseam: Junk Fees Rule Crosses the Finish Line

Jan. 14 – Likely the FTC’s Final Open Commission Meeting

Seventh Circuit Reminds District Court That Civil Penalty Factors Must All Be Considered

Complying with the Mail Order Rule and Satisfaction Guarantees: Poor Customer Service Can Cost Millions

AD Nauseam: Food, Glorious Food Pt. 2 – NAD Analysis

ADventures in Law 2025 CLE Webinar: Predictions with Transition

AD Nauseam: You’re a Mean One, Mr. Mail Order Rule

The FTC Provides a December Surprise with a Final but Greatly Narrowed Junk Fees Rule

An Endorsement for the FAQs on the Consumer Reviews and Testimonials Rule

AD Nauseam: FTC Negative Option Rule

AD Nauseam: 2025 Predictions and Transition

Daniel Kaufman Comments on Changes to FTC Under Trump Administration

Trump 2.0 – What To Expect In Antitrust Enforcement

What Does the Election Mean for the FTC?

BakerHostetler DADM and Litigation Group Members Present at ANA Masters of Advertising Law Conference

ADventures in Law 2024 CLE Webinar: The FTC’s Final Rule on Negative Options

AD Nauseam: Food, Glorious Food!

2024 DSIR Report Deeper Dive

2024 DSIR Deeper Dive: FTC in 2024 Continues Aggressive Privacy Path – But Don’t Forget About that Rulemaking

What the FTC’s New ‘Click-to-Cancel Rule’ Means for Your Business

Daniel Kaufman Provides Perspective on FTC’s New Click-to-Cancel Rule

Daniel Kaufman Speaks at Direct Selling Association Legal & Regulatory Seminar

Daniel Kaufman Speaks at CLE International 28th Annual Wine, Beer and Spirits Law National SuperConference

FTC’s Operation AI Comply – Let’s Discuss Dissents

AD Nauseam: Email Marketing and the FTC: CAN-SPAM No Longer Canned

BakerHostetler Offers Six-Part Virtual CLE for In-House Counsel

2024 ADventures in Law CLE Webinar Series: A Closer Look at the FTC’s Final Rule on Consumer Reviews and Endorsements

AD Nauseam: We Give This Podcast 5 Stars – A Closer Look at the FTC Rule on Consumer Reviews and Testimonials

AD Nauseam: To Defer or Not to Defer: Courts and the FTC after Loper Bright

Webinar: The FTC’s Rule on Noncompetes: Deadline Day Is Here–What Will be Required & What Does Your Company Need to Do

When Can the FTC Get $50,000 for a Consumer Review Snafu? Key Things to Know about the Rule on the Use of Consumer Reviews and Testimonials

AD Nauseam: The AD Legend Series – Featuring Mary Engle

Data Counsel

Deeper Dive: FTC in 2024 Continues Aggressive Privacy Path – But Don’t Forget About that Rulemaking

AI’s Calling; Will You Answer? FCC Considering New Requirements for AI-Generated Calls

Webinar: The Privacy Strategist: Loper Bright, Chevron Deference and Data Regulation

Daniel Kaufman Comments on FTC Monitoring of Consumers’ “Right to Repair”

Craig Carpenter, Linda Goldstein, Daniel Kaufman Lead CLE Presentation in Dallas

Linda Goldstein, Daniel Kaufman Present on Ethical Excellence at 2024 SubSummit

AD Nauseam: Product Demonstrations: Does It Really Work That Way?

Daniel Kaufman Comments on Pending FTC Data Privacy and Security Rule Development Given Chevron Ruling

The Chevron Decision Will Create Some Challenges for FTC Law Enforcement and Rulemaking

Money, Money, Money – How Does the FTC Get Money Back to Consumers?

The Protecting Americans’ Data from Foreign Adversaries Act – What Digital Advertisers, Publishers and Ad Platforms Need To Know

AD Nauseam: Movie Pass – I Am Big. It’s the Pictures that Got Small.

BakerHostetler attorneys, practice areas stand out in The Legal 500 annual guide

Chambers USA Guide 2024 Recognizes 155 BakerHostetler Attorneys and ­66 Practice Areas

Happy Pride Month – Representation in Media and Advertising Matters

Daniel Kaufman Appears in “MoviePass, Movie Crash” Documentary

They Thought it Wouldn’t Last – A One Year AD Nauseam Anniversary

Daryl Leon, Margaret Butler, Daniel Kaufman Quoted in Article on FTC Noncompete Ban

Daniel Kaufman Participates on Panel at 2024 Corporate Executive Briefing

Daniel Kaufman Addresses Class at The Wharton School of the University of Pennsylvania

Daniel Kaufman Comments on Uptick in Privacy and Other Consumer Protection Cases

Daniel Kaufman Says Made in USA Labeling Standard Can be Difficult to Interpret

Daniel Kaufman Quoted in Law.com Article on Proposed Reason to Know Provision

AD Nauseam: Native New Yorkers and Native Advertising

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

Webinar: The Privacy Strategist – The Children’s Data Life Cycle

Daniel Kaufman Comments on FTC’s Request to Congress in National Law Journal

FTC Issues Final Rule Banning Noncompetes

AD Nauseam: A Different Type of Imposter Syndrome

Webinar: The FTC’s Rule on Noncompetes – Next Steps Following the Final Rule

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

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

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

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

Antitrust and Competition

Digital Assets and Data Management

Advertising, Marketing and Digital Media

State Attorney General Enforcement, Investigations and Litigation

Enterprise Issues

Navigating the Risks of State Attorney General Enforcement Actions

<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

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