Behnam Dayanim


Washington, D.C.

Behnam Dayanim handles his clients’ most pressing challenges – regulatory and compliance issues, investigations, and significant litigations – and advances their highest priority business objections – including transactions, partnerships and public offerings. A consummate strategic advisor, Behn is a ranked lawyer by The Legal 500 US, Chambers USA and Chambers Global for his work in gaming and gambling, fintech data protection and cybersecurity, as well as trade controls.

Behn advises gaming and gambling providers, large media companies, Fintech, blockchain and more traditional financial services participants, and other technology and consumer-focused companies on issues at the intersection of gaming, financial services, data privacy and governance and related regulatory areas. Clients turn to him for his ability to advise on the whole frame of issues they may encounter, and he is equally comfortable guiding emerging companies in the early stages of their lifecycles and mature, multinational public companies. Behn is at home in the courtroom – representing clients in cutting-edge gaming litigations, before regulatory bodies – helping the crypto industry address growing sanctions and other financial services obligations, and in the boardroom – assisting in the formation of significant commercial partnerships, brand licenses, acquisitions and other combinations.

  • Gaming and Gambling

    • 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.
    • Helps negotiate market-access agreements for sports betting and i-gaming, representing both prospective operators and license-holders.
    • Represents clients before gaming authorities and has conducted independent and other internal investigations of regulated gambling companies.
    • Has advised media and sports enterprises in connection with some of the sports-betting industry’s largest acquisitions, brand 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.
    • 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.

    Fintech and Payments Regulation

    • Represents a number of the largest crypto and blockchain participants, advising on issues involving sanctions, gaming, anti-money-laundering and “Know Your Customer” requirements, including before agencies such as the Office of Foreign Assets Control (OFAC) and the Financial Crimes Enforcement Network (FinCEN).
    • 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 FTC to testify regarding the implementation of its consumer consent provisions.

    Privacy, AI and Data Governance

    • 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 (FTC) 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 (FCRA), Health Insurance Portability and Accountability 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 (COPPA).
    • 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 FTC 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 (TCPA), the Telemarketing Sales Rule (TSR) and Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (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.
    • Regularly represents clients in OFAC voluntary disclosure and enforcement proceedings.
    • Advises on technology transfer and “deemed export” controls, the International Traffic in Arms Regulations (ITAR) (encompassing defense articles and services), U.S. sanctions administered by OFAC, 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.

    Speeches and Publications

    Behn has spoken on a variety of matters and issues, including:

    • Comments to on PartyGaming's exit from U.S. online gambling industry and its vindication
    • 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

    Behn 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?”,, 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