
Advertising, Marketing & Promotions; Intellectual Property; Technology, Digital Media & Privacy
gkibel@dglaw.com
V-CARD gkibel@dglaw.com
Gary A. Kibel is a partner in the Technology, Digital Media & Privacy; Intellectual Property and Advertising, Marketing & Promotions Practice Groups of Davis & Gilbert. Mr. Kibel regularly counsels clients with respect to new media/advertising law; privacy and data security; and information technology matters.
Mr. Kibel advises interactive companies, advertising agencies, media providers and other commercial entities regarding transactions for interactive advertising, behavioral advertising, social media, user-generated content, viral marketing, mobile marketing, affiliate marketing, gaming and other emerging products and services. He also serves as General Counsel to the Performance Marketing Association.
Mr. Kibel is a Certified Information Privacy Professional (CIPP) and advises clients in many industries regarding privacy and data security issues, including, internal information security policies, contractual obligations and requirements, security breaches and incident responses, audits, cross-border data transfers and other matters in connection with an organization’s collection, storage and use of data in all aspects of its business. He also co-chairs the International Association of Privacy Professionals’ (IAPP) New York City KnowledgeNet group. In addition, Mr. Kibel has been recognized by The Legal 500 U.S. (2012) for his expertise in the area of privacy and data protection, noting that clients regard him as “brilliant, responsive and thorough.”
Mr. Kibel counsels both providers of information technology services and customers for such products and services regarding complex technology and intellectual property issues such as software and content licensing, enterprise technology implementations, consulting services, independent contractor relationships, outsourcing and development projects.
Prior to becoming an attorney, Mr. Kibel was an information systems analyst in the Investment Banking Division of Merrill Lynch & Co.
REPRESENTATIVE ENGAGEMENTS
- Managed rapid responses to security breaches for numerous clients, including coordinating consumer notifications, governmental reporting requirements and negotiations with customers and vendors.
- Counseled a major wireless company in connection with the development of the V CAST video on demand service and negotiations with numerous major media companies and content providers.
- Represented the leading online identity and background verification company in connection with the licensing and implementation of a user-screening service on MySpace.
- Represented one of the world’s largest communication services groups in connection with the negotiation of a partnership with Yahoo and Right Media.
- Interactive marketing and privacy expert on the legal team in connection with WPP’s acquisition of 24/7 Real Media.
SPEAKING ENGAGEMENTS
"Social Media and Mobile Location Awareness," Practising Law Institute's Hot Topics in Advertising Law 2013, May 9, 2013
"The New Legal Landscape of Affiliate Marketing," Affiliate Management Days Conference, April 16, 2013
"Privacy & Cybersecurity Law: Advising the C-Suite on Critical Issues in Our Information Society," Program Chair of the New York City Bar Association, March 20, 2013
“Do Not Track vs. Affiliate Marketing,” Performance Marketing Summit 2013, March 12, 2013
“Going Mobile: Smartphones, Tablets and Mobile Apps,” Practising Law Institute’s Social Media 2013: Addressing Corporate Risks, February 27, 2013
“Managing the Affiliate-Network-Marketer Relationship,” Affiliate Summit West 2013, January 13 – 15, 2013
“Social Media Crisis Communications,” PRSA Program: Social Media Crisis Communications, October 23, 2012
“Monetization vs User Acquisition,” Engage Digital App Conference, October 18-19, 2012
“Protecting Online Privacy: The Search for a Policy That Works for Everyone,” 2012 Advertising Week: OMMA Social Panel, October 2, 2012
"Data Security Laws; Vendor Relationships; Social Media," New York City Bar Association: Privacy & Data Security Law: Mobile Services, Internal Security Practices & More, June 15, 2012
"Social Media & the Law: You Be The Judge," Likeable U Class of 2012 Conference, May 15, 2012
"Exit Strategies for Interactive Companies," Affiliate Summit West 2012, January 8-12, 2012
"Stop Stealing My Data," Data Management Summit, July 19, 2011
"Social Media PR in Regulated Industries: The Huge Promise and Frightening Pitfalls," Bulldog Reporter’s Webinar: Social Media PR in Regulated Industries, May 26, 2011
"Cloud Computing: Do the Risks Outweigh the Rewards?" NYC Metro InfraGard Members Alliance, April 13, 2011
"Managing Your Online Reputation," Search Engine Strategies Conference & Expo, March 21-25, 2011
PUBLICATIONS
Co-Author, "More States Bar Companies From Demanding Access to Employees' Social Media Accounts," D&G Labor & Employment Alert, May 2013
Co-Author, "SEC Confirms Companies May Use Social Media to Announce Material Information," D&G Advertising, Marketing & Promotions Alert, April 2013
Author, "Advertising, Consumers, and the New FTC Advertising Disclosure Guidelines," Council of Public Relations Firms, The Firm Voice, March 27, 2013
Co-Author, "Trademark Clearinghouse to Begin Accepting Submissions to Protect Domain Names," D&G Advertising, Marketing & Promotions Alert, March 2013
Co-Author, "FTC Announces New Mobile Privacy Guidelines on Same Day Social Networking App Settles Privacy Charges," D&G Advertising, Marketing & Promotions Alert, February 2013
Co-Author, "Artist Sues Twitter over DMCA Takedown Requests," D&G Advertising, Marketing & Promotions Alert, October 2012
Author, "Mobile Marketing and Privacy: New Developments," D&G Advertising, Marketing & Promotions Alert, September 2012
Author, "Do Not Track's Impact on Affiliate Marketing," FeedFront, August 2012
Author, "The Future of 'Do Not Track' and its Impact on Online Media," D&G Advertising, Marketing & Promotions Alert, July 2012
Co-Author, "Seven Steps to Improved Security," Gamasutra, May 2, 2012
Co-Author, "Commercial Email with Falsified or Misrepresented Header Information Violates Anti-Spam Law," D&G Advertising, Marketing & Promotions Alert, April 2012
Author, "Final FTC Privacy Report Seeks New Laws, Supports 'Do Not Track,' Exempts Small Businesses, and Targets Data Brokers," D&G Advertising, Marketing & Promotions Alert, March 2012
Author, "Obama Administration Releases New Privacy Framework;Interactive Industry Responds to Calls for a "Do Not Track" Option," D&G Advertising, Marketing & Promotions Alert, February 2012
Author, "European Commission Proposes Comprehensive Reform of EU Data Protection Rules," D&G Advertising, Marketing & Promotions Alert, January 2012
Author, "Be It Snake Oil Or Social Media, Transparency is Recommended," PRWeek, January 2012
Author, "Facebook-FTC Settlement Resolves Multiple Privacy Complaints With The Dominant Social Network," D&G Advertising, Marketing & Promotions Alert, December 2011
Co-Author, "FTC Endorses New Privacy System for the United States and Asia-Pacific Region Regarding Cross-Border Data Transfers," D&G Advertising, Marketing & Promotions Alert, November 2011
Co-Author, "ICANN Implements Plans to Expand Top-Level Domain Name Options," D&G Advertising, Marketing & Promotions Alert, September 2011
Co-Author, "Dot Com Disclosures: FTC Seeking Comments," D&G Advertising, Marketing & Promotions Alert, June 2011
Co-Author, "Social Media, Games, Privacy, and Digital Identifiers," Privacy & Security Law Report, March 2011
Co-Author, "FTC Proposed Privacy Framework Sparks Action and Debate," D&G Advertising, Marketing & Promotions Alert, December 2010
Co-Author, "NLRB Challenges Facebook Firing," D&G Labor & Employment Alert, December 2010
Co-Author, "Newly Formed Digital Advertising Alliance Announces Self-Regulatory Program For Online Behavioral Advertising," D&G Advertising, Marketing & Promotions Alert, October 2010
Co-Author, "FTC Seeks Comments On Children’s Online Privacy Protections," D&G Advertising, Marketing & Promotions Alert, April 2010
Author, "Implications of FTC Endorsement Guidelines," FeedFront Magazine, January 2010
Co-Author, "Compliance Date For Massachusetts’ Data Security Regulations May Not Extend Past March 1, 2010," D&G Advertising, Marketing & Promotions Alert, November 2009
Author, "Privacy Concerns Grow As Marketers Flock to Social Networking," TRUSTe, May 2007
PRESS
Quoted, Smallbiztrends.com, "FTC Finds New Targets For Fair Credit Actions," by Stephanie Robbins, April 18, 2013
Quoted, Law360.com, "FTC Finds New Targets For Fair Credit Actions," by Allison Grand, April 4, 2013
Quoted, Bloomberg BNA's Privacy & Data Security Law Resource Center, "Rockefeller Reintroduces Legislation to Set Mandatory Do-Not-Track Rules," March 5, 2013
Quoted, Law360.com, "FTC Pact Extends FCRA Reach To Mobile Industry," by Allison Grande, January 11, 2013
Mentioned, AMNavigator.com: Affiliate Marketing Blog, "Affiliate Marketing Lawyers: 7 Law Firms to Consider for Legal Help," by Geno Prussakov, September 10, 2012
Quoted, Law360.com: Privacy and Consumer Protection, "FTC’s $2.6M Employee Screener Fine Signals FCRA Crackdown," by Allison Grande, August 8, 2012
Quoted, The Bureau of National Affairs Inc.: Social Media Law & Policy Report, “Social Media ‘Mischaracterization’ Prompts Clarification from Nationwide Insurance,” by Tripp Baltz and Michael O. Loatman, July 24, 2012
Quoted, Law360.com, "FTC’s Spokeo Fine Extends FCRA To Online Data Collectors," Allison Grande, June 12, 2012
Quoted, SCMagazineUS.com, "eBook on Privacy: Ensuring Protection of Data Requires More Than Lip Service," by David Cotriss, May 14, 2012
Quoted, Law360.com, "FTC Targets Data Brokers, App Makers In Privacy Report," by Allison Grande, March 26, 2012
Quoted, Law360.com, "EU Data Privacy Revision To Serve As Global Guide," by Allison Grande, January 25, 2012
Quoted, Law360.com, "Privacy Legislation And Regulation To Watch In 2012," by Allison Grande, January 1, 2012
Interviewed, BloombergLaw.com, "Facebook’s FTC Privacy Settlement," by Lee Pacchia, December 8, 2011
Quoted, The Washington Post, "Drug Companies Lose Protections On Facebook, Some Decide To Close Pages," by Christian Torres, August 12, 2011
Quoted, The New York Times, "Barbarians at the Digital Gate," by Timothy L. O'Brien and Saul Hansell, September 19, 2004
PROFESSIONAL MEMBERSHIPS/AFFILIATIONS
New York City Bar Association
International Association of Privacy Professionals, Co-Chair, New York City KnowledgeNet
BAR ADMISSIONS
New York
New Jersey
Connecticut
EDUCATION
Certified Information Privacy Professional (CIPP)
Brooklyn Law School, J.D., 1999
Binghamton University, School of Management, M.B.A., 1992
Binghamton University, B.A., 1990
REPRESENTATIVE ENGAGEMENTS
- Managed rapid responses to security breaches for numerous clients, including coordinating consumer notifications, governmental reporting requirements and negotiations with customers and vendors.
- Counseled a major wireless company in connection with the development of the V CAST video on demand service and negotiations with numerous major media companies and content providers.
- Represented the leading online identity and background verification company in connection with the licensing and implementation of a user-screening service on MySpace.
- Represented one of the world’s largest communication services groups in connection with the negotiation of a partnership with Yahoo and Right Media.
- Interactive marketing and privacy expert on the legal team in connection with WPP’s acquisition of 24/7 Real Media.
SPEAKING ENGAGEMENTS
"Social Media and Mobile Location Awareness," Practising Law Institute's Hot Topics in Advertising Law 2013, May 9, 2013
"The New Legal Landscape of Affiliate Marketing," Affiliate Management Days Conference, April 16, 2013
"Privacy & Cybersecurity Law: Advising the C-Suite on Critical Issues in Our Information Society," Program Chair of the New York City Bar Association, March 20, 2013
“Do Not Track vs. Affiliate Marketing,” Performance Marketing Summit 2013, March 12, 2013
“Going Mobile: Smartphones, Tablets and Mobile Apps,” Practising Law Institute’s Social Media 2013: Addressing Corporate Risks, February 27, 2013
“Managing the Affiliate-Network-Marketer Relationship,” Affiliate Summit West 2013, January 13 – 15, 2013
“Social Media Crisis Communications,” PRSA Program: Social Media Crisis Communications, October 23, 2012
“Monetization vs User Acquisition,” Engage Digital App Conference, October 18-19, 2012
“Protecting Online Privacy: The Search for a Policy That Works for Everyone,” 2012 Advertising Week: OMMA Social Panel, October 2, 2012
"Data Security Laws; Vendor Relationships; Social Media," New York City Bar Association: Privacy & Data Security Law: Mobile Services, Internal Security Practices & More, June 15, 2012
"Social Media & the Law: You Be The Judge," Likeable U Class of 2012 Conference, May 15, 2012
"Exit Strategies for Interactive Companies," Affiliate Summit West 2012, January 8-12, 2012
"Stop Stealing My Data," Data Management Summit, July 19, 2011
"Social Media PR in Regulated Industries: The Huge Promise and Frightening Pitfalls," Bulldog Reporter’s Webinar: Social Media PR in Regulated Industries, May 26, 2011
"Cloud Computing: Do the Risks Outweigh the Rewards?" NYC Metro InfraGard Members Alliance, April 13, 2011
"Managing Your Online Reputation," Search Engine Strategies Conference & Expo, March 21-25, 2011
PUBLICATIONS
Co-Author, "More States Bar Companies From Demanding Access to Employees' Social Media Accounts," D&G Labor & Employment Alert, May 2013
Co-Author, "SEC Confirms Companies May Use Social Media to Announce Material Information," D&G Advertising, Marketing & Promotions Alert, April 2013
Author, "Advertising, Consumers, and the New FTC Advertising Disclosure Guidelines," Council of Public Relations Firms, The Firm Voice, March 27, 2013
Co-Author, "Trademark Clearinghouse to Begin Accepting Submissions to Protect Domain Names," D&G Advertising, Marketing & Promotions Alert, March 2013
Co-Author, "FTC Announces New Mobile Privacy Guidelines on Same Day Social Networking App Settles Privacy Charges," D&G Advertising, Marketing & Promotions Alert, February 2013
Co-Author, "Artist Sues Twitter over DMCA Takedown Requests," D&G Advertising, Marketing & Promotions Alert, October 2012
Author, "Mobile Marketing and Privacy: New Developments," D&G Advertising, Marketing & Promotions Alert, September 2012
Author, "Do Not Track's Impact on Affiliate Marketing," FeedFront, August 2012
Author, "The Future of 'Do Not Track' and its Impact on Online Media," D&G Advertising, Marketing & Promotions Alert, July 2012
Co-Author, "Seven Steps to Improved Security," Gamasutra, May 2, 2012
Co-Author, "Commercial Email with Falsified or Misrepresented Header Information Violates Anti-Spam Law," D&G Advertising, Marketing & Promotions Alert, April 2012
Author, "Final FTC Privacy Report Seeks New Laws, Supports 'Do Not Track,' Exempts Small Businesses, and Targets Data Brokers," D&G Advertising, Marketing & Promotions Alert, March 2012
Author, "Obama Administration Releases New Privacy Framework;Interactive Industry Responds to Calls for a "Do Not Track" Option," D&G Advertising, Marketing & Promotions Alert, February 2012
Author, "European Commission Proposes Comprehensive Reform of EU Data Protection Rules," D&G Advertising, Marketing & Promotions Alert, January 2012
Author, "Be It Snake Oil Or Social Media, Transparency is Recommended," PRWeek, January 2012
Author, "Facebook-FTC Settlement Resolves Multiple Privacy Complaints With The Dominant Social Network," D&G Advertising, Marketing & Promotions Alert, December 2011
Co-Author, "FTC Endorses New Privacy System for the United States and Asia-Pacific Region Regarding Cross-Border Data Transfers," D&G Advertising, Marketing & Promotions Alert, November 2011
Co-Author, "ICANN Implements Plans to Expand Top-Level Domain Name Options," D&G Advertising, Marketing & Promotions Alert, September 2011
Co-Author, "Dot Com Disclosures: FTC Seeking Comments," D&G Advertising, Marketing & Promotions Alert, June 2011
Co-Author, "Social Media, Games, Privacy, and Digital Identifiers," Privacy & Security Law Report, March 2011
Co-Author, "FTC Proposed Privacy Framework Sparks Action and Debate," D&G Advertising, Marketing & Promotions Alert, December 2010
Co-Author, "NLRB Challenges Facebook Firing," D&G Labor & Employment Alert, December 2010
Co-Author, "Newly Formed Digital Advertising Alliance Announces Self-Regulatory Program For Online Behavioral Advertising," D&G Advertising, Marketing & Promotions Alert, October 2010
Co-Author, "FTC Seeks Comments On Children’s Online Privacy Protections," D&G Advertising, Marketing & Promotions Alert, April 2010
Author, "Implications of FTC Endorsement Guidelines," FeedFront Magazine, January 2010
Co-Author, "Compliance Date For Massachusetts’ Data Security Regulations May Not Extend Past March 1, 2010," D&G Advertising, Marketing & Promotions Alert, November 2009
Author, "Privacy Concerns Grow As Marketers Flock to Social Networking," TRUSTe, May 2007
PRESS
Quoted, Smallbiztrends.com, "FTC Finds New Targets For Fair Credit Actions," by Stephanie Robbins, April 18, 2013
Quoted, Law360.com, "FTC Finds New Targets For Fair Credit Actions," by Allison Grand, April 4, 2013
Quoted, Bloomberg BNA's Privacy & Data Security Law Resource Center, "Rockefeller Reintroduces Legislation to Set Mandatory Do-Not-Track Rules," March 5, 2013
Quoted, Law360.com, "FTC Pact Extends FCRA Reach To Mobile Industry," by Allison Grande, January 11, 2013
Mentioned, AMNavigator.com: Affiliate Marketing Blog, "Affiliate Marketing Lawyers: 7 Law Firms to Consider for Legal Help," by Geno Prussakov, September 10, 2012
Quoted, Law360.com: Privacy and Consumer Protection, "FTC’s $2.6M Employee Screener Fine Signals FCRA Crackdown," by Allison Grande, August 8, 2012
Quoted, The Bureau of National Affairs Inc.: Social Media Law & Policy Report, “Social Media ‘Mischaracterization’ Prompts Clarification from Nationwide Insurance,” by Tripp Baltz and Michael O. Loatman, July 24, 2012
Quoted, Law360.com, "FTC’s Spokeo Fine Extends FCRA To Online Data Collectors," Allison Grande, June 12, 2012
Quoted, SCMagazineUS.com, "eBook on Privacy: Ensuring Protection of Data Requires More Than Lip Service," by David Cotriss, May 14, 2012
Quoted, Law360.com, "FTC Targets Data Brokers, App Makers In Privacy Report," by Allison Grande, March 26, 2012
Quoted, Law360.com, "EU Data Privacy Revision To Serve As Global Guide," by Allison Grande, January 25, 2012
Quoted, Law360.com, "Privacy Legislation And Regulation To Watch In 2012," by Allison Grande, January 1, 2012
Interviewed, BloombergLaw.com, "Facebook’s FTC Privacy Settlement," by Lee Pacchia, December 8, 2011
Quoted, The Washington Post, "Drug Companies Lose Protections On Facebook, Some Decide To Close Pages," by Christian Torres, August 12, 2011
Quoted, The New York Times, "Barbarians at the Digital Gate," by Timothy L. O'Brien and Saul Hansell, September 19, 2004
PROFESSIONAL MEMBERSHIPS/AFFILIATIONS
New York City Bar Association
International Association of Privacy Professionals, Co-Chair, New York City KnowledgeNet
BAR ADMISSIONS
New York
New Jersey
Connecticut
EDUCATION
Certified Information Privacy Professional (CIPP)
Brooklyn Law School, J.D., 1999
Binghamton University, School of Management, M.B.A., 1992
Binghamton University, B.A., 1990
