October 1, 2009
Washington, D.C. – Jodie Z. Bernstein and Dana B.
Rosenfeld, two of the country’s preeminent consumer protection experts,
have joined Kelley Drye & Warren LLP. Both will advise clients
across the spectrum of privacy and consumer protection law, and Ms.
Rosenfeld will serve as chair of Kelley Drye’s Privacy and Information
Security practice. They will practice in the Advertising and Marketing
group based in the firm’s Washington, D.C. office.
“Kelley Drye’s clients will benefit tremendously from Jodie’s and
Dana’s extraordinary depth of consumer protection and privacy
expertise, leadership experience at the FTC, and relationships with
Commissioners and state Attorneys General,” said Paul C. Rosenthal,
managing partner of the Washington, D.C. office. “We are pleased that
they will expand the firm’s already extensive FTC expertise.”
Ms. Bernstein is widely respected among consumer groups, industry
organizations and the private bar as one of the country’s leading
lawyers. Her public service includes appointments as Director of the
Bureau of Consumer Protection at the Federal Trade Commission, General
Counsel of the Environmental Protection Agency and General Counsel of
the Department of Health and Human Services. While at the FTC, she
expanded the Bureau’s prosecution of unfair and deceptive marketing
practices and fashioned federal policy on the emerging issues of
identity theft, Internet privacy, and deceptive marketing practices.
In private practice Ms. Bernstein has handled a wide variety of cases
and projects, including such unique challenges as helping the food
industry develop the Children’s Food and Beverage Initiative, a program
of self-regulation designed to shift the mix of advertising messaging
to children to encourage healthier dietary choices and healthy
This month, Ms. Bernstein will receive the Lifetime Achievement Award from American Lawyer.
She is also a recipient of the Miles W. Kirkpatrick Award for Lifetime
Federal Trade Commission Achievement, which is presented to an
individual whose contributions to the agency are reflected in all
facets of the honoree’s work, inside and outside the agency.
Ms. Rosenfeld’s public service included assignments as advisor to FTC
Chairman Robert Pitofsky, as senior legal advisor to the Director of
the Bureau of Consumer Protection, and as Assistant Director of the
FTC’s Bureau of Consumer Protection. While Assistant Director, Ms.
Rosenfeld was responsible for coordinating consumer protection policy
on advertising and electronic commerce issues.
With a practice encompassing privacy, data security, advertising and
consumer finance, Ms Rosenfeld represents clients before the FTC and
state Attorneys General, provides ongoing compliance advice, and
assists in the development of legislative policy positions and
self-regulatory corporate responsibility programs.
Ms. Rosenfeld regularly counsels companies in developing and
implementing policies consistent with legal mandates and
self-regulatory programs governing collection, use, and security of
personal data. United States Trustees have recognized her privacy
expertise by appointing her Consumer Privacy Ombudsman in the Tower
Records, Ritz Camera, and Steve & Barry’s bankruptcy proceedings,
where she submitted reports and recommendations to the courts regarding
the disposition of customer lists and other personally identifiable
“I am thrilled to join a group with such breadth and depth,” said Dana.
“I look forward to serving clients from this platform and expanding the
Privacy and Information Security practice.”
Ms. Rosenfeld and Ms. Bernstein join an advertising and privacy group
that has national reputation for excellence. With leaders in the
consumer protection bar and specialists in every area of the law,
Kelley Drye offers a wide variety of legal services, from counseling to
litigation and the many tasks in between. Our attorneys have worked
with FTC personnel ranging from enforcement staff to Commissioners, and
we have strong relationships with officials of state Attorneys General.