Duane advises clients on complex legal and regulatory issues involving emerging technology, consumer protection, and Federal Trade Commission (FTC) enforcement. He counsels on a range of issues including privacy and data governance, advertising law, and consumer financial laws and regulations, and represents clients before the FTC. Duane has extensive experience working on matters involving cutting edge tech innovation, including fintech, artificial intelligence (AI), Internet of Things (IoT), mobile payments, and blockchain. Prior to joining Wiley, Duane was an Assistant Director in the Division of Financial Practices at the FTC’s Bureau of Consumer Protection, where he led consumer protection efforts in financial technology and other sectors, and supervised investigations and enforcement actions involving tech platforms. He also led the FTC’s fintech forum series, focusing on financial regulatory and data privacy and security issues in AI, peer-to-peer payments, online lending, cryptocurrencies, and blockchain.
- Counsels clients on how to manage and mitigate legal and policy implications of technological innovations, challenges, and disruptions – spotting key legal issues and developing strategic responses to government inquiries, analyzing potential advocacy positions, ensuring regulatory compliance, and holistically managing legal and business challenges.
- Advises technology innovators on how to interface with the FTC and other government entities, including regulatory and enforcement agencies such as the Consumer Financial Protection Bureau, regarding emerging technologies, market-disruptive innovations, and tech regulation.
- Counsels clients on legal and regulatory issues involving the collection and use of consumer data, including data security and privacy issues, and advises on a holistic approach to data governance.
- Advises on and handles government investigations and regulatory issues in the telecom, technology, and media sectors, including matters involving compliance with advertising and consumer financial laws and regulations.
- Experience with all aspects of FTC investigations, including Civil Investigative Demand response; staff-, Bureau-, and Commission-level advocacy and negotiations; settlement and litigation; and coordination of multi-forum settlements.
- Broad experience with FTC enforcement actions involving mobile payments, fintech lending, cryptocurrencies, and mobile apps.
- Extensive litigation experience in technology-focused matters, both at the FTC and in private practice, resulting in successful monetary judgments.
- Significant appellate experience, including successful merits briefing in two prominent U.S. Supreme Court cases dealing with First Amendment issues, CLS v. Martinez and Brown v. Entertainment Merchants Association.
- Federal Trade Commission, Bureau of Consumer Protection, Division of Financial Practices
- Assistant Director (2016-2018)
- Attorney (2012-2015)
- Private law practice (2003-2012)
- Federal Communications Bar Association (FCBA)
- Co-Chair, AI, Machine Learning, and Robotics Committee (2019)
- American Bar Association (ABA)
- Vice-Chair, Women.Connected Committee, Antitrust Law Section
- Received the Director’s Award from the Federal Trade Commission Bureau of Consumer Protection (2014)
- Named one of “40 Best LGBT Lawyers Under 40” by the National LGBT Bar Association (2010)
J.D., Stanford Law School
B.A., with Honors, University of Texas at Austin
Submissions Editor, Stanford Technology Law Review
- Law Clerk for the Honorable Roslyn O. Silver, U.S. District Court for the District of Arizona (2002-2003)
Bar and Court Memberships
- District of Columbia Bar
- California Bar
- Supreme Court of the United States
- U.S. Court of Appeals for the Seventh Circuit
- U.S. District Court for the Central and Northern Districts of California
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