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David Zetoony is the leader of the firm's consumer protection practice, which includes corporate data security, data privacy, advertising, and marketing practices.

David advises companies around the country on pressing consumer protection issues.  Among other things, he has advised hundreds of companies before, and after, they have experienced a data security breach, he has represented companies before the Federal Trade Commission and state regulatory agencies, and has assisted companies with the creation, or maturity, of their compliance programs.

David has also defended companies in litigation involving consumer protection issues around the country, including litigating cases under various state unfair and deceptive practices acts including the UCL, CLRA, FAL, FDUPTA, Texas DTPA, MDCPA, DCPPA, and VCPA, and litigating cases under various data privacy and security statutes and standards including the TCPA, the California Safeguards Statute, the FTC Act, and the PCI-DSS standard for protecting credit card information. 

He has received a number of national awards and recognitions for his consumer protection work. These include being named a “Trailblazer” of CyberSecurity & Data Privacy by the National Law Journal.

Civic Involvement & Honors

    • Recognized by The National Law Journal as a 2016 Cybersecurity & Data Privacy Trailblazer
    • Member, American Bar Association Commission on Immigration (Working group on notario fraud)
    • Catholic Charities Outstanding Pro Bono Partner Award (2011)
    • Carecen Commitment to Justice Award (2010)
    • Recognized by AmLaw magazine as leading one of the top 100 pro bono initiatives (2009)
    • 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)
    • Carecen Commitment to Justice Award (2010)
    • Recognized by AmLaw magazine as leading one of the top 100 pro bono initiatives (2009)
    • 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)
    • Honorable Mention Vis Moot Court (2002)
    • International Semi-Finalist Jessup Moot Court (2001)
    • National Champion Jessup Moot Court (2001)
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Professional Affiliations

    • International Association of Privacy Professionals (‘IAPP”), co-chair, Colorado regional network
    • 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)
    • ABA Antitrust Section’s Telecommunications Industry Committee (former Vice-Chair and Consumer Protection Liaison)
    • Council for Court Excellence (“CCE”), Board of Directors
    • 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)
    • ABA Antitrust Section’s Telecommunications Industry Committee (former Vice-Chair and Consumer Protection Liaison)
    • Council for Court Excellence (“CCE”), Board of Directors
    • ABA Antitrust Section’s Telecommunications Industry Committee (former Vice-Chair and Consumer Protection Liaison)
    • Council for Court Excellence (“CCE”), Board of Directors
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Representative Experience

Data Security

  • Assisted hundreds of companies in responding to data security incidents and breaches.
  • Represented Ceridian, one of the largest human resource outsourcing companies before the FTC following data security breach.
  • Defended international financial company in data security breach investigation initiated by FTC.
  • Conducted detailed assessments of data security breach preparations of numerous companies including national franchise with 2000+ locations, and top 5 department store chain.

Data Privacy

  • Represented leading consumer tracking technology company before the FTC in connection with privacy investigation.
  • Represented facial recognition technology provider before the FTC in connection with privacy investigation.
  • Routinely advise and counsel retailers, including leading national department stores, concerning data privacy related issues.

Advertising / Consumer Protection

  • Represented the Neiman Marcus Group before the FTC in connection with fur-labeling investigation.
  • Represented leading automotive company in connection with the defense of a $20 million national advertising campaign.
  • Represented leading cosmetics company Laura Mercier in investigation initiated by the National Advertising Division of the Better Business Bureau.
  • Represented cosmetic company in connection with FTC investigation of body image related claims.

Publications

Mr. Zetoony has published numerous works on data privacy and security. Below is a selection of some of his publications from the last two years:

  • Data Security Breach Handbook: Incident Readiness and Response, 2016 Edition, co-authored with Jena Valdetero, November 2016
  • Data Security Breach Handbook for Restaurants and the Food Service Industry, co-authored with Jena Valdetero, November 2016
  • Data Security Breach Handbook for Hotels, Venues, & the Hospitality Industry, co-authored with Jena Valdetero, November 2016
  • Data Privacy and Security: A Practical Guide for In-House Counsel, Washington Legal Foundation, June 2016
  • "Credit Card Data Breaches: Protecting Your Company from the Hidden Surprises - Part II," Pratt's Privacy & Cybersecurity Law Report, Volume 2, No.5, co-authored with Courtney Stout, June 2016
  • "Credit Card Data Breaches: Protecting Your Company from the Hidden Surprises - Part I," Pratt's Privacy & Cybersecurity Law Report, Volume 2, No.4, co-authored with Courtney Stout, May 2016
  • 2016 Data Breach Litigation Report, co-authored with Jena Valdetero and Joy Anderson, April 2016
  • “Current Data Security Issues for Financial Services Firms,” Journal of Investment Compliance, Volume 17, Issue 3, co-authored with Elizabeth Sipes and Josh James, 2016

Speaking Engagements

Mr. Zetoony has spoken at numerous venues and conferences. Below is a selection of some of his speaking engagements from the last two years:

  • “What Business Lawyers Need to Know When Advising Their Business Clients About Data Breaches,” CLE Presentation Denver Business Law Institute, September 2016
  • “EU-US Cross Border Transfers, Privacy Shield, Model Clauses, and Binding Corporate Rules,” CLE Presentation, September 2016
  • “Cyber Extortion — What are the Laws that Protect Against It and How Should Lawyers Respond?,” CLE Presentation, August 2016
  • “Developments in Cyber Insurance for In-House Lawyers – Are You Getting the Coverage You Expect?,” CLE Presentation, July 2016
  • “An In-House Attorney’s Guide to Creating an Effective Privacy Policy,” CLE Presentation, June 2016
  • “What In-House Lawyers Should Know about the Legal Risks of Identity Theft and the Role of Credit Monitoring Services,” CLE Presentation, May 2016
  • “Technology at Work – Employee Data Privacy, Security and Transfers,” Panel Presentation at Association Internationale des Jeunes Avocats, Chicago, May 2016
  • Cyber Insurance Seminar, Chicago CLE Presentation, May 2016
  • “MCommerce — A Guide to Legal Issues in the Evolving Mobile Landscape,” CLE Presentation, May 2016
  • “How to Improve Data Security in Payment Systems — Changing Risks and Changing Technology for In-House Counsel,” CLE Presentation, March 2016
  • Co-Chair, Data Breach & Privacy Litigation Conference, San Francisco, February 2016
  • “Autonomous Vehicles Privacy and Cybersecurity Issues,” CLE Presentation, January 2016