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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

James Sherer Comments on Client Questions Post-Election in Law.com and The Recorder Articles

Peter Roskam and BakerHostetler’s Post-Election Webinar Mentioned in Articles on Trump’s Second Administration

Michael Snarr Comments on Tariffs and Trade Under New Administration

Sarah La Voi, Lauren Bass Pen Article for The Licensing Journal on Morals Clause

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.

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

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

ADventures in Law

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

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

DSIR Report Deeper Dive - 2023

2023 DSIR Deeper Dive: FTC Update

AD-ttorneys@law – August 25, 2023

Antitrust and Competition

Digital Assets and Data Management

Advertising, Marketing and Digital Media

State Attorney General Enforcement, Investigations and Litigation

<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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