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Overview
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Experience
Introduction
Janis helps clients navigate complex regulatory inquiries and compliance issues involving privacy, data security, advertising, and AI.
Janis Kestenbaum advises clients on privacy and consumer protection matters. She counsels businesses in the technology, retail, and financial sectors on compliance with a wide range of privacy, data security, advertising, and other consumer protection obligations under federal and state laws, including those concerning children’s privacy, health privacy, and financial privacy, such as the FTC Act, Children's Online Privacy Protection Act, California Consumer Privacy Act, Gramm-Leach-Bliley Act, Restore Online Shoppers’ Confidence Act, state auto-renewal laws, and so-called “junk” fee laws, . Janis also represents businesses in investigations by the FTC, state attorneys general, and foreign data protection authorities, and has successfully resolved dozens of such investigations without enforcement action.
Since 2019, Janis has been recognized among the nation’s top privacy lawyers by Chambers Global and Chambers USA, with clients remarking that she is “incredibly knowledgeable” and offers “real insight in terms of regulatory risk” and “nuance of how laws are applied in the field.”
In representing clients, Janis draws on her experience at the FTC, where she served as senior advisor to the agency’s chair. In that capacity, she oversaw the full range of privacy and data security enforcement and policy matters brought before the Commission in addition to advising on advertising, social media influencer marketing, telemarketing, and consumer fraud issues. She served on U.S. delegations to the Asia-Pacific Economic Cooperation, the Global Privacy Assembly, and the Asia Pacific Privacy Authorities Forum. Janis previously investigated and prosecuted deceptive and unfair trade practices cases in the FTC’s Division of Marketing Practices.
Janis has handled complex civil litigation for more than 20 years in government and private practice. She began her career as a trial attorney in the Federal Programs Branch, Civil Division of the DOJ, where she represented federal agencies and officials in federal district courts and courts of appeals in constitutional and regulatory litigation.
Education & credentials
- Harvard Law School, J.D., magna cum laude, Editor, Harvard Law Review
- Duke University, B.A., History; Public Policy, magna cum laude, Phi Beta Kappa
- District of Columbia
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- Federal Trade Commission, Washington, D.C. Senior Legal Advisor to FTC Chair, 2013-2014 Senior Legal Advisor to Commissioner, 2010-2013 Division of Marketing Practices, Bureau of Consumer Protection, Staff Attorney, 2006-2010
- Hon. Edward BeckerU.S. Court of Appeals for the Third Circuit
Professional recognition
Listed in Chambers USA "America's Leading Lawyers" for Privacy & Data Security, 2019-2026
Listed in Chambers Global Guide, 2020-2026
Listed in Best Lawyers in America: Privacy and Data Security Law, 2020-2026
Listed in Lawdragon 500 Leading Global Cyber Lawyers, 2024-2025
Impact
- ABA Antitrust Magazine, Associate Editor, 2016-present
- American Bar Association, Antitrust Section, Vice-Chair, Privacy and Information Security Committee, 2020
- American Bar Association, Antitrust Section, Vice-Chair, Big Data Task Force, 2018-2020
- International Association of Privacy Professionals Research Advisory Board, Member, 2017-2018
- International Association of Privacy Professionals Education Advisory Board, Member, 2014-2016
- Washington English Center, Teacher, 2010-2014
- Advises clients on compliance with federal and state privacy, data security and consumer protection laws, such as the FTC Act, COPPA, Gramm-Leach-Bliley Act Privacy and Safeguards Rules, CAN-SPAM Act, Restore Online Shoppers Confidence Act, California Consumer Privacy Act (CCPA) and other comprehensive state consumer privacy laws, and state children’s privacy laws.
- Counsels clients regarding advertising issues, including Endorsement Guides, influencer marketing, and online reviews, the Restore Online Shoppers’ Confidence Act and recurring subscriptions.
- Advises leading connected device manufacturers on “end-of-life” product discontinuation and related consumer protection issues.
- Counsels leading technology company on legal issues related to the development of privacy legislation and related policy issues.
- Drafted comments to National Telecommunications and Information Administration (NTIA) on privacy issues and California Privacy Protection Agency on implementation of CCPA for leading technology company.
- Advised internet platform on comments to FTC on update to FTC Endorsement Guides on use of social media influencers and related issues.
- Represented technology company in NTIA multistakeholder proceeding that issued privacy best practices for the commercial and private use of drones.
- Represented leading technology company in FTC investigation regarding the use of artificial intelligence (AI) and machine learning (ML) for the selection and filtering of user-generated content, as well as Children's Online Privacy Protection Act (COPPA) issues. Investigation closed with no enforcement action.
- Represented cloud-based video security company in FTC investigation of data security incident, online reviews, and marketing practices. Negotiated consent order that resolved all issues.
- Represented educational technology company in FTC investigation into use of AI and biometrics, data retention, COPPA, and other privacy and data security issues. Investigation closed with no enforcement action.
- Represented social media platform in state attorney general investigation regarding alleged bias in content moderation practices.
- Represented mobile ad exchange in FTC COPPA investigation. Investigation closed with no enforcement action.
- Representing global technology company in FTC investigation regarding acquisition of data for AI model training.
- Represented one of the world’s largest device manufacturers in FTC investigation regarding privacy and data security issues concerning third-party software installed on consumer devices. Negotiated consent order resolving all allegations.
- Served as global coordinating counsel for leading technology company in over two dozen inquiries by data protection authorities in the European Union, Asia-Pacific, Latin America, and Canada regarding a data security incident. Argued the case to the French data protection authority (the CNIL) and negotiated resolutions with numerous regulators.
- Represented mobile app in FTC investigation regarding the collection, use, and disclosure of geolocation information, including de-identification and application programming interface-sharing practices. Investigation closed with no enforcement action.
- Represented cloud services provider in FTC data security investigation. Investigation closed with no enforcement action.
- Represented consumer reviews website in FTC investigation regarding advertising disclosure practices. Investigation closed with no enforcement action.
- Represented interactive technology provider in FTC and state attorney general investigations regarding COPPA and data security issues for a connected device that leveraged AI/ML and was marketed to children. Persuaded both FTC and state attorney general not to require any response to their civil investigative demand (CID) and letter following presentations. Investigations closed with no enforcement action.
- Represented manufacturer of connected home devices in FTC data security investigation. Investigation closed with no enforcement action.
- Represented developer of popular mobile gaming app in Children’s Advertising Review Unit COPPA adjudication.
- Negotiated consent order for cybersecurity services provider concerning certification of APEC global cross-border privacy rules compliance.
- Represented leading anti-malware software developer in FTC privacy investigation concerning use of consumer data. Investigation closed with no enforcement action.
- Represented manufacturer of connected home devices in FTC inquiry regarding discontinuation of all device functionality. Investigation closed with no enforcement action.
- Represented parental monitoring software in FTC data security and privacy inquiry regarding data breach. Persuaded FTC not to issue CID following presentation to agency.
- Represented developer of AI-based screening tool in FTC inquiry. Persuaded FTC not to issue CID and investigation closed with no enforcement action.
- Advised nutrition company on defense and settlement of FTC lawsuit alleging deceptive marketing practices.
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