Articles by Daniel Kaufman
Passport to Trouble: FTC Takes Aim at Alleged Government Impersonation in Search Ads
10/23/2026|3 minute read Passport paperwork is rarely anyone’s idea of a good time. Want an even worse time? Try having the Federal Trade Commission (FTC) allege you are selling a shortcut you can’t deliver. On Oct. 22, the FTC sued GovAssist, Entry and their owner, Scott Zuckerman, in a case touching on everything from reviews and disclaimers to familiar deceptive advertising claims.
Five BakerHostetler Attorneys Present at 2026 ANA Masters of Advertising Law Conference
Partners Bethany Lukitsch and Amy Ralph Mudge, Of Counsel Daniel Kaufman, Counsel Allyson Himelfarb and Associate Jack Ferry are taking part in panels at the 2026 ANA Masters of Advertising Law Conference, Nov. 2-4, 2026, in Huntington Beach, California. Ralph Mudge and Kaufman will discuss “The Year in Review at FTC and NAD,” a review of all the trends and what’s in the future for advertisers at the Federal Trade Commission (FTC) and the National Advertising Division (NAD).
What a Credit-Led Recovery Means for CRE Investors
By Daniel Kaufman and Trey Mosbach • September 16, 2026 Add CPE to Google ViewpointFinanceInvestment The "sheer weight" of debt capital and investors' dry powder is expected to outweigh macro variability. Daniel Kaufman and Trey Mosbach Commercial real estate is experiencing a credit-led liquidity cycle powered by near-record lender competition and expanding investor appetite.
[Podcast] AD Nauseam: NAD Tips and Tricks 2026
On today’s episode of AD Nauseam, Amy and Daniel share practical tips for navigating challenges before the National Advertising Division, from selecting the right track and building an effective strategy to presenting substantiation and managing confidentiality concerns. They also discuss key NAD trends, evolving evidentiary expectations, and common pitfalls that advertisers and challengers should consider before, during, and after a proceeding.
NYC Department of Consumer and Worker Protection Ramps Up Enforcement Under New Leadership
New York City is stepping up consumer and worker protection enforcement. In early 2026, Samuel Levine, formerly Director of the Federal Trade Commission (FTC or Commission)’s Bureau of Consumer Protection, took over as Commissioner of the Department of Consumer and Worker Protection (DCWP).
Pride and Purchasing Power: Values-Based Marketing
Pride may be one month a year, but LGBT consumers make purchasing decisions every day of the year. The Human Rights Campaign, the nation’s largest LGBT civil rights organization, published its yearly “Pride in the Marketplace” report on June 16. The report summarizes how and where LGBT consumers spend their money and the decisions they make in the marketplace.
[Podcast] AD Nauseam: Lost in Translation? Navigating Foreign Language Advertising
On today’s episode of AD Nauseam, Amy and Daniel examine the legal and practical challenges of foreign language advertising, focusing on how companies can effectively reach non-English-speaking consumers in the U.S. while remaining compliant with FTC guidance and state law requirements.
[Podcast] AD Nauseam: Beauty Claims – You’ve Got the Look
On today’s episode of AD Nauseam, Amy and Daniel explore substantiation for cosmetic advertising claims, outlining how companies can effectively promote beauty products without crossing regulatory lines.
FTC v. Kochava: Proposed Order Imposes Restrictions on Sale of Sensitive Location Data
Overview In FTC v. Kochava Inc., the Federal Trade Commission (FTC or Commission) advanced the theory that, under the right circumstances, the sale of non-anonymized geolocation data linked to mobile advertising IDs (MAIDs) can itself be an “unfair” practice under 15 U.S.C. § 45 (Section 5 of the FTC Act). This litigation was one of the rare FTC litigations that addressed the legal bounds of the Commission’s unfairness authority.
Natufian sickle blades (ca. 15,000–11,700 cal. BP) reveal cereal cultivation ca. 4.5 millennia before domestication
Abstract This study reveals a hitherto undocumented cereal procurement strategy employed during the Late Epipaleolithic Natufian culture of the Southern Levant, from ca. 4.5 to 1 millennia before systematic crop cultivation and domestication are identified in archaeological records.
[Podcast] AD Nauseam: False Advertising on Trial – Inside the Intuit Decision
April 24, 2026 To embed, copy and paste the code into your website or blog: On today’s episode of AD Nauseam, Amy and Daniel unpack the Fifth Circuit’s Intuit decision, which vacated an FTC cease‑and‑desist order and held that the FTC’s administrative process violates constitutional separation‑of‑powers principles in false advertising cases.
AD Nauseam: False Advertising on Trial – Inside the Intuit Decision
On today’s episode of AD Nauseam, Amy and Daniel unpack the Fifth Circuit’s Intuit decision, which vacated an FTC cease‑and‑desist order and held that the FTC’s administrative process violates constitutional separation‑of‑powers principles in false advertising cases. They discuss how the ruling—building on AMG and Jarkesy—could significantly curtail the FTC’s ability to pursue monetary remedies through administrative enforcement and reshape the agency’s consumer protection strategy going forward.
FTC Brings Second Earnings Claims Case in One Day, Signals Heightened Scrutiny
Never one to shy away from the action, the FTC filed two earnings claims-related cases in a single day. While we covered the first action—FTC v. Wellington—here, the second case is no less instructive and further underscores the FTC’s current enforcement priorities. On April 13, 2026, the FTC announced an action against Publishing.com and its principals, Christian Mikkelsen and Rasmus Mikkelsen, over allegedly deceptive income claims tied to online self‑publishing programs.
Posting with Consequences: FTC Brings Earning Claims Action Against Alleged MLM Participant
The FTC is no stranger to enforcement against alleged multilevel marketing (MLM) schemes. Historically, those actions have focused on the companies operating the programs themselves. But on April 13, 2026, the FTC added a notable twist by bringing an action against an individual participant—rather than the MLM entity—who allegedly used deceptive earnings claims to recruit new members. The case, FTC v.
FTC Brings Second Earnings Claims Case in One Day, Signals Heightened Scrutiny
Never one to shy away from the action, the FTC filed two earnings claims-related cases in a single day. While we covered the first action—FTC v. Wellington—here, the second case is no less instructive and further underscores the FTC’s current enforcement priorities. On April 13, 2026, the FTC announced an action against Publishing.com and its principals, Christian Mikkelsen and Rasmus Mikkelsen, over allegedly deceptive income claims tied to online self‑publishing programs.
Posting with Consequences: FTC Brings Earning Claims Action Against Alleged MLM Participant
The FTC is no stranger to enforcement against alleged multilevel marketing (MLM) schemes. Historically, those actions have focused on the companies operating the programs themselves. But on April 13, 2026, the FTC added a notable twist by bringing an action against an individual participant—rather than the MLM entity—who allegedly used deceptive earnings claims to recruit new members. The case, FTC v.
FTC v. StubHub: $10 Million Settlement Signals Aggressive Enforcement of New Fees Rule
On April 9, the Federal Trade Commission announced a settlement with StubHub Holdings, Inc. resolving allegations that the company advertised live‑event ticket prices without disclosing the all-in price up front. This is the FTC’s first major settlement under its Rule on Unfair or Deceptive Fees (the Fees Rule), which took effect on May 12, 2025, and underscores the Commission’s heightened focus on price transparency and junk fees.
FTC v. StubHub: $10 Million Settlement Signals Aggressive Enforcement of New Fees Rule
Practical Guidance for Carve Outs in M&A as Activity Rises in 2026 (Westlaw Today)
FTC Issues Call For Comments On New Negative Option Rule
Earlier this month, the FTC took another step toward issuing a new Negative Option Rule. We say a “new” version of the rule because the previous one, commonly called the Click to Cancel Rule, was vacated by the Eighth Circuit in July 2025. Despite that setback, recent events show the FTC intends to continue its push for a new rule in this area. On Jan. 30, it issued a draft Advance Notice of Proposed Rulemaking (ANPRM) to the Office of Information and Regulatory Affairs.
From AMG To Intuit: Has The Path For Redress In Section 5 Cases Disappeared?
The U.S. Court of Appeals for the Fifth Circuit seemingly handed the Federal Trade Commission (FTC or the Commission) yet another setback, this time squarely in the agency’s bread‑and‑butter area of false advertising enforcement. In Intuit Inc. v.
FTC Issues Call for Comments on New Negative Option Rule
Earlier this month, the FTC took another step toward issuing a new Negative Option Rule. We say a “new” version of the rule because the previous one, commonly called the Click to Cancel Rule, was vacated by the Eighth Circuit in July 2025. Despite that setback, recent events show the FTC intends to continue its push for a new rule in this area. On Jan. 30, it issued a draft Advance Notice of Proposed Rulemaking (ANPRM) to the Office of Information and Regulatory Affairs.
From AMG To Intuit: Has The Path For Redress in Section 5 Cases Disappeared?
The U.S. Court of Appeals for the Fifth Circuit seemingly handed the Federal Trade Commission (FTC or the Commission) yet another setback, this time squarely in the agency’s bread‑and‑butter area of false advertising enforcement. In Intuit Inc. v.
FTC Issues Call for Comments on New Negative Option Rule
Earlier this month, the FTC took another step toward issuing a new Negative Option Rule. We say a “new” version of the rule because the previous one, commonly called the Click to Cancel Rule, was vacated by the Eighth Circuit in July 2025. Despite that setback, recent events show the FTC intends to continue its push for a new rule in this area. On Jan. 30, it issued a draft Advance Notice of Proposed Rulemaking (ANPRM) to the Office of Information and Regulatory Affairs.
FTC Issues Call for Comments on New Negative Option Rule
The 6 Pillars of the Trump Administration’s ‘Cyber Strategy for America’: The Devil Will Be in the Details
From AMG To Intuit: Has The Path For Redress in Section 5 Cases Disappeared?
The U.S. Court of Appeals for the Fifth Circuit seemingly handed the Federal Trade Commission (FTC or the Commission) yet another setback, this time squarely in the agency’s bread‑and‑butter area of false advertising enforcement. In Intuit Inc. v.
AD Nauseam: Cancel Anytime? The FTC Says, “Let’s Talk.” (Podcast)
B BakerHostetler More Recognized as one of the top firms for client service, BakerHostetler is a leading national law firm that helps clients around the world address their most complex and critical business and regulatory issues. With five core national practice groups — Business, Labor and Employment, Intellectual Property, Litigation, and Tax — the firm has more than 970 lawyers located in 14 offices coast to coast.
[Podcast] AD Nauseam: Cancel Anytime? The FTC Says, “Let’s Talk.”
On today’s episode of AD Nauseam, Amy and Daniel are joined by BakerHostetler Partner Victoria Rutherfurd to explore the FTC’s renewed scrutiny of subscription and negative option practices, including signals that rulemaking may restart after the prior rule was struck down. The discussion also highlights ongoing ROSCA litigation trends and practical steps companies should take to strengthen subscription disclosures and cancellation processes.
AD Nauseam: Name Games - When Branding Becomes A Claim (Podcast)
On today's episode of AD Nauseam, Amy and Daniel close out 2025 with a fast‑paced look at the FTC's most pivotal shifts—from major leadership changes to rulemaking shakeups and the year's most consequential enforcement trends. They will break down what defined the agency's first year under Chairman Ferguson and what these developments signal for advertisers heading into 2026.
[Podcast] AD Nauseam: Name Games – When Branding Becomes a Claim | JD Supra
On today’s episode of AD Nauseam, Amy and Daniel explain when trade names can be treated as advertising claims and challenged as misleading, focusing on how the FTC and NAD handle expressly false versus implied claims. They highlight key cases, especially in health and wellness, and offer practical guidance on when bold or hyperbolic names are allowed and when a name change may be required.
FTC Signals Restart On Negative Option Rulemaking
Daniel Kaufman’s articles from BakerHostetler are most popular: with Finance and Tax Executives and Inhouse Counsel with readers working within the Banking & Credit, Business & Consumer Services and Media & Information industries In July 2025, the Eighth Circuit vacated the Federal Trade Commission's (FTC) Negative Option Rule, which was set to go into effect that month.
FTC Signals Restart on Negative Option Rulemaking
In July 2025, the Eighth Circuit vacated the Federal Trade Commission’s (FTC) Negative Option Rule, which was set to go into effect that month. You can find more details in our blog post on that decision, but, in short, the court found that the FTC failed to satisfy certain procedural hurdles when promulgating the rule.
AD Nauseam: New Leadership, New Rules - How NAD Shaped Advertising in 2025
On today’s episode of AD Nauseam, Amy and Daniel look back at the NAD’s biggest shifts in 2025—from new leadership and procedural updates to major trends in health claims, influencer cases, AI enforcement, and Made in USA scrutiny. They unpack how Phyllis Marcus is reshaping the process and what this year’s surge of challenges means for advertisers heading into 2026.
FTC Signals Restart on Negative Option Rulemaking | JD Supra
In July 2025, the Eighth Circuit vacated the Federal Trade Commission’s (FTC) Negative Option Rule, which was set to go into effect that month. You can find more details in our blog post on that decision, but, in short, the court found that the FTC failed to satisfy certain procedural hurdles when promulgating the rule.
[Podcast] AD Nauseam: New Leadership, New Rules – How NAD Shaped Advertising in 2025 | JD Supra
On today’s episode of AD Nauseam, Amy and Daniel look back at the NAD’s biggest shifts in 2025—from new leadership and procedural updates to major trends in health claims, influencer cases, AI enforcement, and Made in USA scrutiny. They unpack how Phyllis Marcus is reshaping the process and what this year’s surge of challenges means for advertisers heading into 2026.
[Podcast] The Data Stream – Episode 6 with Daniel Kaufman | JD Supra
The Data Stream podcast dives deep into the fast-moving currents of data, technology, and the law. Presented by BakerHostetler’s Digital Assets and Data Management (DADM) Practice Group and hosted by Partners David Sherman and Nichole Sterling, this series explores how companies navigate the complex life cycle of data—from privacy and cybersecurity to advertising, AI and other emerging technologies. Each episode offers clear insights and practical tips from guests across DADM.
The Data Stream - Episode 6 with Daniel Kaufman
The Data Stream podcast dives deep into the fast-moving currents of data, technology, and the law. Presented by BakerHostetler’s Digital Assets and Data Management (DADM) Practice Group and hosted by Partners David Sherman and Nichole Sterling, this series explores how companies navigate the complex life cycle of data—from privacy and cybersecurity to advertising, AI and other emerging technologies. Each episode offers clear insights and practical tips from guests across DADM.
Wondering if the FTC Is Moving Away from ROSCA Enforcement? We Have Our (Just)Answer. | JD Supra
Although many New Year’s resolutions lose momentum by February (guilty!), the FTC’s commitment to Restore Online Shoppers’ Confidence Act (ROSCA) enforcement shows no signs of slowing. Last week, the FTC filed a complaint in the Northern District of California against JustAnswer LLC (JA) and its CEO, alleging violations of ROSCA.
All Hat, No Cowboy: What’s Next for the FTC After Corpay’s Fuel Card Rodeo Gets Enjoined? | JD Supra
On Jan. 7, the Eleventh Circuit rode tall in the saddle, unanimously affirming, almost in full, a district court’s decision on summary judgment against Corpay (a corporate payments company formerly known as FleetCor) and upholding a permanent injunction.
[Webinar] ADventures in Law CLE: 2025: Year in Review - January 29th, 12:30 pm - 1:30 pm ET | JD Supra
January 15, 2026 January 29th, 12:30 pm - 1:30 pm ET To embed, copy and paste the code into your website or blog: January 29th, 2026 12:30 PM - 1:30 PM ET Advertising law moved fast this year – let our experts at BakerHostetler help you keep up! Join Amy Ralph Mudge and Daniel Kaufman while they break down this past year’s most compelling FTC and NAD developments and offer actionable insights on what’s ahead for 2026.
[Podcast] AD Nauseam: From AI to ROSCA – Dissecting 2025’s Biggest FTC Actions | JD Supra
On today’s episode of AD Nauseam, Amy and Daniel close out 2025 with a fast‑paced look at the FTC’s most pivotal shifts—from major leadership changes to rulemaking shakeups and the year’s most consequential enforcement trends. They will break down what defined the agency’s first year under Chairman Ferguson and what these developments signal for advertisers heading into 2026.
New Year’s Gift
I’ve had requests to make certain interviews free and shareable for all. So I have permanently removed the paywall for the following eight posts from 2025: Thank you all for your continued support and community. Best wishes for the new year.
AD Nauseam: From AI to ROSCA – Dissecting 2025’s Biggest FTC Actions | BakerHostetler
Preparing for the New Year: A Guide for New York Employers as We Enter 2026
AD Nauseam: Living in America with Julia Ensor
On today’s episode of AD Nauseam, Amy and Daniel are joined by special guest Julia Ensor, a former FTC attorney who spearheaded Made in the USA guidelines and regulations that are being enforced today. Julia discusses how to stay “Made in the USA” compliant and some of her favorite cases on the topic. Questions & comments: amudge@bakerlaw.com or dkaufman@bakerlaw.com Subscribe to BakerHosts® Apple Podcast | iHeartRadio | Spotify | YouTube
[Podcast] AD Nauseam: Living in America with Julia Ensor | JD Supra
December 16, 2025 To embed, copy and paste the code into your website or blog: On today’s episode of AD Nauseam, Amy and Daniel are joined by special guest Julia Ensor, a former FTC attorney who spearheaded Made in the USA guidelines and regulations that are being enforced today. Julia discusses how to stay “Made in the USA” compliant and some of her favorite cases on the topic.
AD Nauseam: Living in America with Julia Ensor
Privacy Class Action Win Snags Am Law Litigation Daily Litigator of the Week First Runner-Up Nod
Link correction
Subscribe to The Beinart Notebook to keep reading this post and get 7 days of free access to the full post archives.
AD Nauseam: ANA 2025 - Phyllis Marcus (Podcast)
BakerHostetler are most popular: with readers working within the Telecomms industries On today's special episode of AD Nauseam, Amy and Daniel broadcast live from the Association of National Advertiser's annual conference. They're joined by Phyllis Marcus, Director of the National Advertising Division, for an interview at the ANA conference that took place on November 4, 2025. Phyllis discusses current NAD cases and what's on the horizon for NAD.
Lessons from the Satmar Chassidim
A list of ways to help Palestinians in Gaza and the West Bank This week’s zoom call will be at our regular time, Friday at 1 PM. Our guest will be Mahmoud Mamdani, the Herbert Lehman Professor of Government at Columbia University, and father of the mayor-elect of New York City.
[Webinar] ADventures in Law CLE: Season’s Greetings, Season’s Risks – Stay Compliant This Shopping Season - December 18th, 12:30 pm - 1:30 pm ET | JD Supra
December 4, 2025 December 18th, 12:30 pm - 1:30 pm ET Allyson Himelfarb, Daniel Kaufman, Noah Morris, Lindsay Wilson BakerHostetler + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: December 18th, 2025 12:30 PM - 1:30 PM ET Join us for a festive deep dive into compliance essentials that keep your holiday campaigns merry and risk-free.
Show More
loading
Actions
Is this you?
As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.Get in touch with Daniel
Contact Daniel, search articles and posts on X, monitor coverage, and track replies from one place.
Learn more about Muck Rack