Dana Rosenfeld chairs the firm’s Privacy and Information Security practice. A former assistant director of the Federal Trade Commission (FTC) Bureau of Consumer Protection and attorney advisor to FTC Chairman Robert Pitofsky, Ms. Rosenfeld’s practice focuses on all aspects of privacy and data security, advertising and consumer financial protection at the federal and state levels. Her clients, many of whom are involved in emerging technologies such as mobile, Internet of Things and “Big Data” services, include financial services companies, major retailers, direct marketers, consumer product manufacturers and technology and telecommunications companies.
Ms. Rosenfeld frequently represents clients before the FTC, the Consumer Financial Protection Bureau (CFPB) and state attorneys general regarding law enforcement investigations, advocacy in connection with FTC and CFPB rulemaking proceedings, and industry initiatives that require agency engagement on consumer protection regulation, legislation or enforcement. Of particular note, she is highlighted in Chambers for bringing “her intimate knowledge of the FTC to bear in advising clients on large-scale investigations.”
In the area of privacy and data security, Ms. Rosenfeld assists clients in complying with state and federal privacy and information security laws, as well as advises on best practices and self-regulatory programs. Her counsel includes digital marketing programs and interest-based advertising, privacy and data security policies and safeguards programs, special considerations in the collection and use of information from children and students and data breach management. Additionally, Ms. Rosenfeld defends clients in law enforcement investigations involving privacy and data security issues, and has been successful in obtaining closings or favorable settlements on behalf of companies in myriad industry sectors.
Ms. Rosenfeld also counsels clients on the full array of advertising law matters. She represents clients in advertising substantiation proceedings and investigations conducted by the FTC and state attorneys general, particularly with regard to environmental marketing, health and safety claims, weight management and price advertising. She assists clients with developing and clearing advertising claims and evaluating competitors’ conduct for potential advertising challenges, and provides advice on the implementation of various advertising techniques, such as native advertising, endorsements and testimonials and mobile marketing.
Furthermore, Ms. Rosenfeld advises major consumer financial services companies and service providers in connection with FTC and CFPB investigations involving marketing and billing practices, debt collection and data security. Her experience ranges from the Fair Credit Reporting Act compliance, to debt collection practices and regulatory issues affecting various types of payment and stored value cards.
Memberships & Associations
American Bar Association Committee on Privacy and Information Security, chair
American Bar Association Committee on Private Advertising Litigation, vice chair, 2009-2012
American Bar Association ANTITRUST magazine, associate editor, 2012-2014
Honors & Awards
Recognized as a Trailblazer in Cybersecurity by National Law Journal, 2016
Named 2017 D.C. Advertising "Lawyer of the Year" by Best Lawyers®.
The Best Lawyers in America© (Woodward/White, Inc.), Advertising Law, 2012-2017.
Selected as one of Washingtonian Magazine's 2015 "Top Lawyers”.
Ranked nationally as a leading practitioner in the Privacy & Data Security area by Chambers USA, 2010-2016.
Ranked as a leading practitioner in the Privacy & Data Security area by Chambers Global, 2011-2016.
Recommended in US Legal 500 for her work in the areas of Marketing & Advertising, 2010-2012 and 2014, and Data Protection & Privacy, 2010-2016.