Jonathan Direnfeld

Senior Associate

Washington, D.C.

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Jon Direnfeld, a senior associate in the Antitrust & Competition practice in Washington D.C., focuses his practice on advising companies in the technology and finance sectors on a range of consumer regulatory, sales & marketing, and competition issues.

Jon advises clients on all aspects of marketing and promotional campaigns to ensure regulatory compliance with a broad spectrum of federal and state rules and regulations, including statutes and regulations enforced by the Federal Trade Commission (FTC), Consumer Finance Protection Bureau (CFPB), Federal Communications Commission (FCC), U.S. Department of Justice (DOJ), State Attorneys General, and local district attorneys.  In the event of an inquiry or complaint, Jon has extensive experience defending clients in investigations and enforcement actions by the FTC, DOJ, and State Attorneys General, as well as consumer class actions.    

Jon also has expertise on the full spectrum of antitrust and competition matters including merger reviews by the DOJ and FTC, global criminal cartel investigations and follow-on civil litigation, and complex class actions.  Jon also provides strategic public policy counseling to clients on competition matters before Congress and executive branch agencies.  

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

  • Second-chaired 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.

Posts by: Jonathan Direnfeld

Getting in Sync with HSR Timing Considerations

Word 'M&A' of the yellow square pixels on a black matrix background. Mergers and acquisitions concept. Getting in Sync with HSR Timing Considerations

A common question for companies contemplating mergers or acquisitions is how the Hart-Scott-Rodino process works and how long it takes for different kinds of transactions to be reviewed and cleared. The FTC posted a helpful article here today which provides practitioners with guidance regarding timing parameters under the HSR Act, including a helpful HSR timeline graph which can be accessed here.