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Jonathan Direnfeld

Partner

Washington, D.C.

Jon Direnfeld is a litigation partner in the Washington, D.C., office focused on defending tech and data-driven companies against regulatory enforcement and litigation actions involving critical online and offline data management and sales & marketing activities.


Jon’s enforcement work regularly involves navigating the patchwork of federal and state “consumer protection” rules, including statutes and regulations enforced by the Federal Trade Commission (FTC), Consumer Finance Protection Bureau (CFPB), U.S. Department of Justice (DOJ), State Attorneys General (AGs), and local District Attorneys. These matters cover a broad spectrum of B2C and B2B issues, including data privacy, cybersecurity, and so-called “unfair and deceptive” practices with a focus on representation of e-commerce platforms, marketplaces, social media and fintech companies.

Jon has substantial experience in crisis management, helping clients devise and implement coordinated regulatory, legislative, and media responses to high stakes incidents.  In addition, he has an active complex commercial litigation practice in federal and state courts across the country.

  • Jon also provides strategic public policy counseling to clients on consumer protection and data management matters before Congress and executive branch agencies.  During law school, Jon worked as a Government Relations Advisor in the Government Relations and Public Policy practice group at the law firm of Collier Shannon Scott PLLC.  He also served as a law clerk on the Senate Judiciary Committee for Chairman Patrick J. Leahy.

  • Investigations and Enforcement Actions by Consumer Protection Agencies:

    • Representation of a major financial institution in an FTC investigation relating to a potential enforcement action for failure to comply with a FTC consent order.
    • Representation of an executive of an affiliate marketing network in connection with an FTC enforcement action relating to deceptive practices in the marketing of weight loss products in one of the first enforcement actions by the FTC seeking to hold affiliate marketing networks responsible for the actions of its affiliates.
    • Representation of a major global clothing retailer in a confidential investigation by the FTC's Bureau of Consumer Protection involving online privacy and behaviorally-targeted advertising practices; the investigation resulted in no action by the FTC.
    • Representation of a major social gaming network in a confidential investigation by FTC’s Bureau of Consumer Protection involving the alleged hacking and breach of data protected by the Children’s Online Privacy Protection Act (COPPA).
    • Representation of a major online services provider in a confidential investigation by the Office of the New York State Attorney General regarding advertising and sales practices; the investigation resulted in no action by the NY AG’s office.
    • Representation of two individuals in litigation filed by the FTC in federal court and in investigations by the FTC and DOJ against Innovative Marketing, Inc. on alleged online “scareware” marketing tactics.

    Consumer Class Actions

    • Representing a leading solar company in a class action in the Northern District of California alleging violations of the Telephone Consumer Protection Act.
    • Representing a social network in a class action in the Southern District of Florida alleging violations of the Telephone Consumer Protection Act for text message marketing.
    • Representing a major electronics retailer in a class action in the Southern District of New York alleging violations of the Fair and Accurate Credit Transactions Act (FACTA) for failing to redact credit card expiration dates on customer receipts.
    • Representing a major retailer and entertainment company in a class action in the Western District of Washington alleging violations of the Electronic Fund Transfer Act and various state gift card laws relating to inactivity fees assessed on gift cards.

    Antitrust Litigation and Investigations

    • Representation of DHL as an "opt-out" plaintiff in relation to the Air Cargo price-fixing class actions
    • Representation of iBiquity in a multi-million dollar trial victory for the creator of HD Radio® in a "bet the company" licensing dispute involving SEPs and FRAND relating to HD Radio technology.
    • Representation of Microsoft in an International Trade Commission proceeding against Barnes & Noble’s assertion of a "patent misuse" defense based on Microsoft's patent licensing to Android device OEMs and ODMs.
    • Representation of an European automotive parts manufacturer in a criminal cartel investigation by the US Department of Justice, Antitrust Division and the European Commission in the auto lights industries.
    • Representation of a Japanese manufacturer in a criminal price-fixing investigation by the US Department of Justice, Antitrust Division in the automotive hose industry.
    • Representation of IronPlanet in its sale to Ritchie Brothers which resulted in unconditional antitrust clearance from the US Department of Justice for the $758.5 million sale.
    • Representation of Whole Foods Market as a member of a multi-disciplinary team that launched a media/litigation/political strategy to achieve a favorable settlement with the FTC in a post-consummation challenge to the Whole Foods Market-Wild Oats merger.
    • Representation of a major sports and entertainment company in a post-consummation merger investigation brought by the FTC.
    • Conducting internal investigations for technology, finance, and manufacturing companies relating to allegations of price fixing, bid rigging, and market allocation.

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