Behnam Dayanim is a partner in the Paul Hastings Washington, D.C. office, where he chairs both the firm's Advertising, Gaming, and Promotions practice and its Data Privacy and Cybersecurity practice, and is an active member of its Global Fintech and Payments National Security practices. Mr. Dayanim counsels clients on regulatory compliance, handles internal and regulatory investigations, and is an experienced litigator. He also works extensively in transactional matters, negotiating payment processing, marketing, IT services, and other types of commercial agreements.
Mr. Dayanim has advised some of the world's most innovative fintech and financial services businesses, the largest and most prominent social media and tech companies, and a bevy of internet gambling and gaming operators and other market participants. His experience includes gaming and gambling regulation, digital advertising, data analytics, privacy and cybersecurity concerns, fintech and financial services regulation, sanctions and export regulation of high technology and other products, international money transfers, and money-laundering issues. Mr. Dayanim has been invited to speak throughout the United States, Europe, and South America, and is regularly interviewed or cited by national mainstream and industry publications.
- The Legal 500, Dispute Resolution—International Trade (2021)
- The Legal 500, Media, Technology, and Telecoms—Fintech (2021)
- The Legal 500, Media, Technology, and Telecoms—Cyber Law (Including Data Privacy and Data Protection) (2021)
- Chambers USA, Leading Fintech Data Protection & Cybersecurity lawyer (2019-2020)
- Chambers Global and Chambers USA, Top Gaming and Gambling lawyer (2013-2020)
- Best Lawyers, Gaming Law "Lawyer of the Year" in Washington, D.C. (2015, 2020)
- The Legal 500, Cited for his work in privacy and data protection (2009-2010, 2013-2014, 2016)
- Honored as a BTI Client Service "All-Star" (2009)
- Recognized among the International Who's Who of Internet, e-Commerce and Data Protection Lawyers (2010)
- The Legal 500, Top Technology lawyer (2007-2009)
- One of the nation’s leading lawyers in trade controls by Chambers USA (2005-2006) and by Chambers Global (2007)
- Harvard Law School, J.D. (cum laude), 1993
- Yeshiva University, B.A. (summa cum laude), 1989
Privacy and Cybersecurity
- Advises some of the world's largest and most sophisticated companies on data privacy, cybersecurity, and investigations, including in the technology, consumer products, retail, financial services, and healthcare sectors.
- Advises clients on legal and ethical considerations surrounding data analytics and the use of artificial intelligence in a variety of applications.
- 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.
Gambling and Gaming
- Regularly counsels clients on the applicability of federal and state laws governing internet gambling, sports-betting, fantasy sports, social and mobile gaming, and e-sports.
- Advises with respect to payment processing, marketing, and related due diligence concerns that arise in connection with gambling and gaming.
- Advises clients in other industries on the "gamification" of their non-gaming products and services and advises with respect to the laws governing contests, sweepstakes, and other types of promotions.
- Represents clients before gaming authorities and has conducted independent and other internal investigations of regulated gambling companies.
- Has advised in connection with some of the industry’s largest acquisitions, partnerships and public offerings.
- Has represented gambling and non-gambling gaming companies (social casino, subscription, skill and others) in litigations and government investigations, including negotiations of non-prosecution agreements with the U.S. Department of Justice on behalf of PartyGaming Plc and Optimal Group, as well as consumer class action litigations implicating a range of gambling and consumer protection considerations.
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.
- 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.
- 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.
- 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.
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.
National Security, Trade Controls and Sanctions
- Advises clients on the full range of export controls and sanctions, including high-tech (with a particular focus on encryption), defense, telecommunications and aerospace. Mr. Dayanim advises on technology transfer and "deemed export" controls, the International Traffic in Arms Regulations (encompassing defense articles and services), U.S. sanctions administered by the Office of Foreign Assets Control, and anti-boycott regulations.
- Represents clients in voluntary disclosures and enforcement investigations, helping clients in many cases to 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.
Information Technology Licensing and Outsourcing
- Represents clients in negotiating and drafting IT licensing and outsourcing agreements, with a particular focus on hospitals and the health care sector.
Engagement & 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, 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
- Admitted to practice in the District of Columbia and Maryland
- Admitted to the U.S. Supreme Court, U.S. Court of Appeals for the D.C. Circuit, U.S. Court of Appeals for the Second Circuit, U.S. Court of Appeals for the Fourth Circuit, U.S. Court of Appeals for the Sixth Circuit, U.S. Court of Appeals for the Seventh Circuit, U.S. Court of Appeals for the Eleventh Circuit, U.S. District Court for the District of Columbia, and the U.S. District Court for the District of Maryland
- Serves on the editorial board of the Gaming Law Review and Economics
- Member, International Association of Gaming Advisors
- Actor, Renegades: The Requiem (Parts 1 and 2)