Bio

Daniel de Zayas’ practice focuses on a variety of legal matters that impact technology and Internet-based companies. He helps both emerging and established companies with issues related to gaming and gambling, law enforcement and third-party legal process, e-commerce, consumer protection, data privacy, and data security. 

Daniel works with gaming and gambling clients on complying with federal and state gaming and gambling laws, mitigating gambling and consumer protection risks associated with loot boxes and blockchain-based assets (e.g., NFTs, tokens), structuring sweepstakes and drafting official rules, operating social media influencer campaigns, and drafting formal legal opinions. He enjoys working closely with game developers and game engines to mitigate legal risk without sacrificing innovation, player experience, or in-game economy.

Additionally, Daniel assists clients with compliance obligations related to the disclosure of customer and subscriber information. He routinely advises companies on how to respond to law enforcement requests and third-party subpoenas, as well as issues arising under federal and state privacy, security breach, and surveillance statutes, such as ECPA, VPPA, and CFAA. 

Daniel also has extensive experience working with e-commerce matters, web accessibility compliance, intermediary liability, and drafting policies and procedures, such as terms of service, privacy policies, and end user licensing agreements. He also has experience representing clients facing formal investigations and informal inquiries from federal and state regulators and lawsuits involving contractual disputes, state and federal privacy statutes, and DMCA claims. 

He is published in academic journals and newspapers for his work related to the Fourth Amendment, the intersection of media and national security, and the patchwork of state privacy laws in the United States. As a law student, Daniel published a Comment on Carpenter v. United States, which was cited in one of the first federal district court opinions analyzing the constitutionality of geofence warrants. 

Daniel previously served as a Fellow at ZwillGen and as the first Summer Legal Intern in the Washington, DC office. 

Daniel received his J.D. from the American University Washington College of Law, where he graduated magna cum laude and served as an editor on Law Review. During law school, he worked as a research assistant for Professor Jennifer Daskal researching issues related to content moderation, data extraterritoriality issues, and hacking.