David Zetoony is the leader of the firm's data privacy and security practice, and has extensive experience advising clients on how to comply with the advertising and data privacy rules and regulations of the Federal Trade Commission, representing clients before the Federal Trade Commission, and defending class actions brought under state consumer protection statutes.

Select Representations

• Mr. Zetoony has defended data processors and national retailers before the Federal Trade Commission.
• Mr. Zetoony has represented numerous retailers, data processors and marketing companies in connection with data security breaches.
• Mr. Zetoony was retained to spearhead a campaign to address the practice of fraud against immigrants who seek legal services (commonly referred to as “notario fraud”).  His success in leading civil suits in Virginia and Maryland courts, petitioning the FTC, and mobilizing other interested parties, was recognized by the ABA Commission on Immigration, and various legal publications including The National Law Journal,  LawDragon, and the Daily Business review.
• Mr. Zetoony submitted the first appeal of the Class Action Fairness Act (CAFA) to the D.C. Circuit in a case involving the application of CAFA to state consumer protection acts.  Mr. Zetoony has also been retained to brief antitrust and consumer protection issues in appeals before the 3rd, 4th and 5th Circuits.
• Mr. Zetoony has successfully defended companies in civil suits alleging a range of consumer protection violations in various state and federal courts.

Bar and Court Admissions

District of Columbia

Virginia

United States Supreme Court

United States Courts of Appeals for the Third, Fourth and District of Columbia Circuits

United States District Courts for the District of Columbia, Eastern District of Virginia and District of Maryland

Education

University of Virginia, J.D., 2003

Rice University, B.A., cum laude, 2000

Publications

• "Employees and P2P Applications: Data Security Risks," Law360, co-authored with Jason Haislmaier, August, 2012
• "Data Breaches: Will You Be Sued, And Can You Lower Risk?," Law360, co-authored with Jena Valdetero, April 2012
• "The 10 Year Anniversary of the FTC's Data Security Program: Has the Commission Finally Gotten Too Big For Its Breaches?," Stanford Technology Law Review, December 2011
• "Groupon/LivingSocial Litigation: Hidden Liability for Offering Deep Discounts," Paybefore.com, co-authored with Kristine Andreassen, May 2011
• "Franchisors, Franchisees, and Data Breaches," Franchise Law News 2011, co-authored with Louise Nutt
• Chapter Editor, Antitrust Law Developments (7th Edition)
• Chapter Editor, Annual Update Antitrust Law Developments (6th Edition), 2010 & 2011
• Make a Free Offer and Get Liability For Free," Chain Store Age (web edition), August 16, 2010
• “Confusing the Mission: A ‘Golden Example of How an Agency With Two Missions Can Work at Odds with Itself”, 12(3), Consumer & Commercial Law 170 2009
• “Ten Ways to Prevent a Data Breach from Breaching a Budget”, 4(4) Privacy & Data Security Law Journal (May 2009)
• “Antitrust Connections”, American Bar Associations Section of Antitrust Law Communications Industry Committee Newsletter, Editor-in-Chief, Spring 2009
• “The Party Line”, American Bar Associations Section of Antitrust Law Communications Industry Committee Newsletter, Editor-in-Chief, Fall 2008
• “When Sales are Un-Made: What Many Businesses Don't Know”, Chain Store Age (web edition), June 25, 2007
• “What to Do When Security is Breached: Now That a Majority of States Have Weighed in, Has a Best Practice Emerged?”, ABA Consumer Protection Update, Vol. 13, No. 2, Summer 2006
• “Data-Security and Telemarketing: The New Wave Of State Notification Laws Is More Ambitious Than The Last”, American Teleservices Association Connections, May 2, 2006
• “Latest State Data Breach Notification Laws Cut Wide Swath”, Society for Human Resource Management News (June 2006)
• “A Retrospective of Consumer Protection Initiatives”, 72 Antitrust L.J. 969, co-authored with Jodie Z. Bernstein, 2005

Speeches and Seminars

• Speaker, "Quantitative Approaches to Assessing Consumer Protection Risks," Webinar, (February 2013)
• Speaker, "Managing Legal Risk When Marketing Anti-Aging Products," Happy on Anti-Aging Conference, (New Brunswick, NJ, September 2012)
• Speaker, "Privacy and Security Law Update," ABA Committee on Privacy and Information Security (March, 2012)
• Speaker, "Securing, Responding & Notifying: What To Do in the First Hour, Day, and Weeks of a Data Breach" (Atlanta, GA, February 2012)
• Panelist, "Combating Fraud Against Immigrants," Second Annual Virginia Immigrant Advocate Summit (Fairfax, Virginia, October 2011)
• Speaker, "Social Media & The Law: Increasing Opportunities and Decreasing Risk," Corporate Executive Board General Counsel's Roundtable (Chicago, August 2011)
• Speaker, "Consumer Protection: An Overview of the Laws Governing Advertising," (Greenville, S.C., September 2011)
• Moderator, "Advertising and Health Care: An Overview of Litigation and Hot Topics," (Houston, Texas, February 2011)
• Moderator, “Privacy and Data Security Trends Concerning Medical Records,” Loyola University of Chicago Law School, (Chicago, Ill., January 2010,)
• Las Vegas Underground: Notarios, UPLers & Other Unsavory Characters, American Immigration Lawyers Association (“AILA”) Annual Meeting (Summer 2009)
• Recent Cases, Decisions, and Opinions Concerning the Ethical Obligations and Restrictions of Virginia Attorneys, CLE Presentation (Winter 2009)
• Corporate Counsel: Navigating your Company Through Data Security, Privacy and Identity Theft Issues, Kansas Bar Association Annual Meeting (Summer 2008)
• Consumer Protection: Theories for Bringing Civil Actions Against Legal Consultants, CLE Presentations sponsored by ABA and Catholic Charities of Washington (Summer & Fall 2008)
• Best Practices in Electronic Discovery and Case Management, CLE Presentation (Fall 2007)
• ABA seminar: Hot Topics in Privacy and Information Security (Summer Update July & August 2007)
• ABA Consumer Protection Committee Monthly Update, presentation on recent activity of state attorneys general and state data-security initiatives, (May 1, 2006)

Professional Affiliations

• International Association of Privacy Professionals (“IAPP”), member
• ABA Section of Antitrust Law’s Private Advertising Litigation Committee (former Vice-Chair)
• ABA Section of Antitrust Law’s Healthcare and Pharmaceutical Committee (former Consumer Protection Vice-Chair)
• Council for Court Excellence (“CCE”), Board of Directors

Civic Involvement and Honors

• American Bar Association Commission on Immigration (Working group on notario fraud), Member
  Catholic Charities Outstanding Pro Bono Partner Award (2011)
• Carecen Commitment to Justice Award (2010)
• Semi-Finalist Lyle Moot Court (2003)
• Honorable Mention Vis Moot Court (2002)
• International Semi-Finalist Jessup Moot Court (2001)
• National Champion Jessup Moot Court (2001)