Photo of Duane C. Pozza

Education

J.D., Stanford Law School

B.A., with Honors, University of Texas at Austin

Law Journals

Submissions Editor, Stanford Technology Law Review

Clerkships

Law Clerk for the Honorable Roslyn O. Silver, U.S. District Court for the District of Arizona (2002-2003)

Bar and Court Admissions

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

A leading lawyer in technological innovation and regulation, consumer protection, and Federal Trade Commission (FTC) enforcement, Duane advises clients on key legal issues, advocacy positions, data security and privacy concerns, and regulatory compliance involving developing technology, including blockchain, fintech, data analytics and artificial intelligence (AI), Internet of Things (IoT), and mobile payments. Prior to joining Wiley Rein, 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 related sectors, and supervised investigations and enforcement actions. He led the FTC’s FinTech Series, focusing on financial regulatory, data privacy and security, and other consumer protection issues in AI, peer-to-peer payments, online lending, and blockchain. He also led and supervised enforcement actions involving consumer protection issues on technology platforms.

Representative Experience

  • 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 Bureau of Consumer Financial Protection, regarding emerging technologies, markets-disruptive innovations, and fintech regulation.
  • Counsels clients on legal and regulatory issues involving the collection and use of consumer data, including data security and privacy issues.
  • Advises on and handles government investigations and compliance and regulatory issues in the telecom, technology, and media sectors.
  • 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.

Professional Experience

  • Federal Trade Commission, Bureau of Consumer Protection, Division of Financial Practices
    • Assistant Director (2016-2018)
    • Attorney (2012-2015)
  • Private law practice (2003-2012)

Recognitions

  • 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)

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