Privacy and Cybersecurity
- Advises companies responding to incidents of data breach.
- Represents companies in federal court litigations and in state attorney general or Federal Trade Commission investigations of privacy practices, including spyware, e-health, and other areas.
- Advises on workplace privacy, privacy in advertising and promotions, the Fair Credit Reporting Act, HIPAA, and the Electronic Communications Privacy Act (Wiretap Act and Stored Communications Act).
- Formulates consumer and employee-directed privacy, security and electronic-use policies, and advice on addressing complaints or problems.
- Advises on compliance with the Children’s Online Privacy Protection Act.
- Has advised a number of major financial services institutions – in the insurance, securities, and other arenas – in establishing and maintaining compliance with federal (Gramm-Leach-Bliley) and state privacy and information-security regimes.
- Has advised multinational enterprises, ranging from pharmaceuticals to market research, on compliance with often-conflicting global privacy restrictions, including most prominently the U.S. European Union Safe Harbor Agreement.
- Has represented clients before congressional and regulatory policy-makers in connection with the formulation or consideration of new regulatory or legislative initiatives.
Advertising Counseling and Litigation
- Advises clients on advertising claims, development and implementation of ad review, multi-jurisdictional approaches, and regulatory requirements.
- Negotiates digital marketing and related advertising, audience matching, and similar agreements.
- Represents companies in litigation involving the federal Lanham Act and unfair or deceptive practices in state and federal courts and before alternative dispute resolution bodies, such as the National Advertising Division of the Council of Better Business Bureaus and the television networks.
- Represents companies in investigations by regulatory agencies, including the Federal Trade Commission and state attorneys general.
- Advises on compliance with and defends class action and other lawsuits involving direct marketing and telemarketing requirements, including the Telephone Consumer Protection Act, the Telemarketing Sales Rule, and CAN-SPAM.
Gambling and Gaming
- Regularly counsels clients on the applicability of federal and state laws governing internet gambling, fantasy sports, social and mobile gaming, and e-sports.
- Work includes advice with respect to payment processing, marketing, and related due diligence concerns that arise in connection with gambling and gaming.
- Advises clients in other industries with respect to the laws governing contests, sweepstakes, and other types of promotions, including on the “gamification” of financial services and other business models.
Fintech and Payments Regulation
- Provides regulatory advice and counseling on electronic payments and related financial services, including issues relating to digital wallets, prepaid cards, consumer finance, e-authentication, international/cross-border transfers, and card-scheme compliance.
- Negotiates commercial processing, issuing, acquiring, gateway, and related services agreements.
- Advises on privacy, cybersecurity (including PCI), and data ownership issues in connection with payment processing and related relationships.
- Represents processors and fintech providers in processing and similar disputes, including in FTC investigations, bankruptcy-related litigations, and other matters.
- Was heavily involved in the creation and passage of the Electronic Signatures in Global and National Commerce Act (“E-SIGN”) and was asked by the Federal Trade Commission to testify regarding the implementation of its consumer consent provisions.
- Advises clients on the full range of export controls and sanctions, including high-tech (with a particular focus on encryption), technology transfer and “deemed export” controls, the International Traffic in Arms Regulations (encompassing defense articles and services), U.S. embargoes and sanctions administered by the Office of Foreign Assets Control, and anti-boycott regulations.
- Represents clients in enforcement investigations, helping clients in many cases avoid potentially severe fines or other penalties.
- His counseling, compliance, and enforcement work has spanned industries from high-tech to energy to international shipping and transportation and other areas and has included export, sanctions, financial services, and related anti-money laundering and “know your customer” compliance.
Payments Regulation, IT Services, and Electronic Signatures
- Provides regulatory advice and counseling on electronic payments and related financial services and on the rules surrounding electronic signatures and contracting.
- Possesses extensive experience in advising the financial services industry with respect to issues relating to electronic commerce, electronic payment mechanisms, consumer finance (including the rules governing credit card payments and electronic fund transfers), and e-authentication issues.
- Has negotiated and drafted payment processing, acquiring and other payments-related agreements, and has litigated cases involving payments rules and related obligations.
- Heavily involved in the creation and passage of the Electronic Signatures in Global and National Commerce Act (“E-SIGN”) and was asked by the Federal Trade Commission to testify regarding the implementation of its consumer consent provisions.
Information Technology Licensing and Outsourcing
- Regularly represents clients in negotiating and drafting IT licensing and outsourcing agreements, with a particular focus on hospitals and the health-care sector.
Speaking Engagements and Publications
Mr. Dayanim has spoken on a variety of matters and issues, including:
- Comments to Forbes.com on PartyGaming's Exit from U.S. Online Gambling Industry and its Vindication
- Speaks to The New York Times about Federal Authorities' Bid to Shut Down Online Gambling Sites and the Investigation of Full Tilt Poker
- Comments to The Wall Street Journal, Reuters and Poker News Report as counsel to Groupe Bernard Tapie in a Bid to Acquire Full Tilt Poker
- Interviewed by All Things Considered, National Public Radio
- Consulted in The Washington Post and PC Magazine
Mr. Dayanim has authored many articles and newsletters, including:
- “NAD Decisions: A Roadmap To Class Action Litigation?”, Law360, July 18, 2011
- “Where Are Your Products -- and Why Does It Matter?”, IndustryWeek.com, June 28, 2011
- Authored articles that have appeared in, among others, the Stanford Journal of International Law, the Arizona Journal of International and Comparative Law, the Journal of Commodities and Securities Regulation, Gaming Law Review, Journal of Internet Law (cover story), Journal of E-Commerce Law, Computer Litigation Journal, IP Magazine (cover story), National Law Journal, Los Angeles and San Francisco Daily Journals, and International Litigation Quarterly, as well as in the newspapers Journal of Commerce and Jerusalem Post