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Gary A. Kibel is a partner in the Digital Media, Technology & 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, programmatic media buying, mobile marketing, affiliate marketing, data collection and usage, 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 is a former co-chair of the International Association of Privacy Professionals’ (IAPP) New York City KnowledgeNet group. Mr. Kibel has been identified as a “Recognised Practitioner” in the Privacy & Data Security – Nationwide category by Chambers USA: America’s Leading Lawyers for Business (2015-2016). In addition, Mr. Kibel has been recognized by The Legal 500 United States in the area of privacy and data protection for five consecutive years (2012-2016).

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 counsel on the legal team in connection with WPP’s acquisition of 24/7 Real Media.

SPEAKING ENGAGEMENTS

"Top Legal Compliance Tips for Engaging Influencers," 2016 Influencer Marketing Days, November 14-15, 2016

"Digital Advertising Self-Regulation: A Comparison of Approaches," 2016 Privacy + Security Forum, October 24-26, 2016

"What's Trending in Tech & Advertising," AdThink, August 3, 2016

"Programmatic Media – The Business and Legal Perspectives," INNOVATE:NY Presented by the Advertising Club of New York, July 28, 2016

"Third-Party Oversight and Vendor Management," American Conference Institute's 19th Cyber Security and Data Privacy & Protection Conference, June 23-24, 2016

"Publishers Flex their First-Party Data Muscles," MediaPost's OMMA Programmatic Conference, May 17, 2016

Program Chair, "Digital Marketing & Big Data," New York City Bar Association Privacy & Data Security Law Program, April 18, 2016

"Using Offline Data to Drive Online Marketing," Association of National Advertisers (ANA) Advertising Law & Public Policy Conference, April 6-7, 2016

From Desktop to Mobile: Digital Marketing and Interest-Based Advertising,” New Jersey Association of Corporate Counsel Program, March 16, 2016

"Hot Topics in Digital Media Law," Association of Corporate Counsel's Westchester County NY/Southern Connecticut Chapter Program, February 26, 2016

"Maximizing & Exploiting Big Data in Digital Media ... Legally," MediaPost's Programmatic Insider Summit, February 21-24, 2016

"Digital Advertising: Managing Privacy and Cybersecurity Risks," American Lawyer Media cyberSecurity Conference, December 15, 2015

"Big Data: Opportunities, Challenges and Implications for Privacy," Binghamton University Alumni Association, November 19, 2015

"Putting It Together: Running Programs on Social Media, Mobile and Apps," Practising Law Institute's Tracking and Targeting Customers and Prospects Online, on Mobile Devices, and in Social Media 2015, November 18, 2015

"IP Asset Review," New York State Bar Association Intellectual Property Section’s IP Due Diligence in Corporate Transactions Program, November 10, 2015

"A Day in the Life of a Privacy Practitioner," New York Intellectual Property Law Association Webinar, October 22, 2015

"Cyber Security Controls & Liability Practices," Vistage Program, October 7, 2015

"Programmatic Media – The Practical and Legal Perspectives," Davis & Gilbert Digital Media, Technology & Privacy Seminar, Thursday, July 30, 2015

"Programmatic Advertising: The Current Legal Landscape and Evolving Concerns," IAB Legal Affairs and Programmatic Council CLE Webinar, June 17, 2015

"Big Data – The Risks and Rewards of Collecting and Exploiting Data," New York In-House Counsel Program, June 17, 2015

"Indoor Location & Privacy," Place 2015: The Business of Location, June 9, 2015

"What's Trending in Tech & Advertising," AdThink, May 28, 2015. Click here to view a video highlighting expert advice on advertising and privacy issues for technology start-ups.

"The Internet of Things: Policy, Law and Reality," International Association of Privacy Professionals (IAPP) – New York KnowledgeNet Program, April 30, 2015

"Cybersecurity," Association of Certified E-Discovery Specialists NY Metro Chapter Program, April 7, 2015

"Hot Topics in Advertising & Digital Media," Association of Corporate Counsel's Westchester County NY/Southern Connecticut Chapter Program, February 5, 2015

"Protecting Your Property From Data Breaches," American Hotel & Lodging Association's Fall Conference, November 8-11, 2014

Program Institute Chair, "Managing the Rapidly Evolving Legal Landscape," New York City Bar Association: 2nd Annual Privacy & Cybersecurity Law Institute, November 5, 2014

"Privacy & Technology: Mobile Tracking, Consumer Online Scoring and User-Generated Health," Canadian Bar Association’s 5th Annual Access to Information and Privacy Law Symposium, October 30-31, 2014

"Data Brokers, The Scope of PII & The Ad Tech Industry," Davis & Gilbert LLP and Network Advertising Initiative Webinar, September 4, 2014

"Data - The Lifeblood of the Affiliate Marketing industry," Affiliate Summit East 2014, August 10-12, 2014

"Emerging Tech in Advertising," AdThink V, July 22, 2014. Click here to view a video highlighting expert advice on advertising and privacy issues for technology start-ups.

"Digital Media and Retargeting - Beyond the Cookie Tomorrow; Compliance Today," D&G Digital Media & Privacy Breakfast Seminar, June 10, 2014

"Update From the Regulators: Privacy Enforcement Actions and Other Initiatives," International Association of Privacy Professionals, April 29, 2014

"Security Risks from Employees and Vendors; FTC Enforcement," New York State Bar Association Program, April 3, 2014

Pitmans 3rd Annual Cyber Security Conference, February 20, 2014

"Driving Big Data in the Marketing Research Industry," International Association of Privacy Professionals Webinar, February 6, 2014

"Update From the Performance Marketing Association," Affiliate Summit West 2014, January 12 – 14, 2014 

"Advanced Contract Management: Preserving Your Intellectual Property Rights," ProcureCon for Digital and Marketing Services, November 12-14, 2013

"Social Media," International Association of Privacy Professionals Practical Privacy Series, November 7, 2013

"Mobile Privacy Standards & Regulations," Morning of Mobile Privacy, October 17, 2013

"Hot Topics in Social Media and Consumer Privacy," New Jersey Corporate Counsel Association's 11th Annual CLE Conference, September 20, 2013

PUBLICATIONS

Co-Author, "Internet Retailers Beware: NJ Truth-in-Consumer Contract, Warranty and Notice Act Impacts Online Terms and Conditions," D&G Litigation Alert, July 2016

Co-Author, "EU-U.S. Privacy Shield to Start Accepting Certifications August 1," D&G Digital Media, Technology & Privacy Alert, July 2016

Co-Author, "FTC's First COPPA Action Against Mobile Ad Network Highlights Risks for Operators As Well," D&G Advertising, Marketing & Promotions Alert, July 2016

Author, "Brexit May Complicate Privacy Issues for Ad Tech Companies," D&G Digital Media, Technology & Privacy Alert, June 2016

Co-Author, "Self-Regulatory Principles Applied for First Time to Mobile Apps and Discussed at DAA and ASRC Events," D&G Advertising, Marketing & Promotions Alert, May 2016

Co-Author, "Spotlight on Big Data and Connected," D&G Advertising Law: 2015 Lessons Learned & 2016 Practical Advice

Author, "Agreement on EU-U.S. Privacy Shield to Replace Safe Harbor Faces Hurdles," D&G Digital Media, Technology & Privacy Alert, February 2016

Author, "New FTC Report Highlights Ubiquity of Big Data and Contrasts Negative Impact Versus Substantial Benefits of Big Data," D&G Digital Media, Technology & Privacy Alert, January 2016

Co-Author, "Wyndham Settles FTC's Data Breach Case After Ruling Reinforced FTC's Authority," D&G Digital Media, Technology & Privacy Alert, December 2015

Co-Author, "Failure to Prove Probability of Harm from Alleged Data Breaches Dooms FTC’s Complaint," D&G Digital Media, Technology & Privacy Alert, December 2015

Co-Author, "New DAA Guidance Emphasizes Applicability of Transparency and Control to Cross-Device Advertising Practices," D&G Digital Media, Technology & Privacy Alert, November 2015

Co-Author, "Big Data Discrimination: Is The Industry Responsible?" AdExchanger.com, October 15, 2015

Co-Author, "EU Court of Justice Strikes Down U.S.-EU Safe Harbor for Data Sharing," D&G Digital Media, Technology & Privacy Alert, October 2015

Co-Author, "Federal Circuit Court Reinforces FTC's Authority to Act in Data Breach Cases," D&G Digital Media, Technology & Privacy Alert, August 2015

Co-Author, "DAA Announces Mobile Privacy Enforcement to Begin September 1, 2015," D&G Digital Media, Technology & Privacy Alert, May 2015

Co-Author, "Court Finds Affiliate Marketing Network Responsible for False Claims Made by its Affiliates," D&G Advertising, Marketing & Promotions Alert, April 2015

Co-Author, "Navigating a Changing Social Media Landscape," D&G Advertising Law: 2014 Lessons Learned & 2015 Practical Advice, Winter 2015

Author, "A Year of Breaches and More Breaches," D&G Advertising Law: 2014 Lessons Learned & 2015 Practical Advice, Winter 2015

Co-Author, "Privacy & Data Security Concerns in 2015: The Internet of Things, Data Brokers and Data Synching, and Mobility and Fraud," InsideCounsel, February 11, 2015

Co-Author, "NAD Recommends Changes to Online Travel Agency's Search Engine Marketing Claims," D&G Advertising, Marketing & Promotions Alert, February 2015

Author, "Contrary to Popular Belief, There Are Restrictions on First-Party Data," AdExchanger.com, January 15, 2015

Co-Author, "In "Internet of Things" Report, FTC Staff Warns Makers of Connected Devices to Improve Privacy and Security," D&G Digital Media, Technology & Privacy Alert, January 2015

Co-Author, "California Amends Data Breach Notification Rules, Which "May" Include Free Credit Monitoring," D&G Digital Media, Technology & Privacy Alert, October 2014

Author, "The Risk of Clicking Facebook's Social Plug-in," AdExchanger.com, July 30, 2014 

Co-Author, "New Florida Privacy Breach Law Takes Effect, With Stringent Notification Rules and Other New Provisions," D&G Digital Media, Technology & Privacy Alert, July 2014

Co-Author, "Snapchat Settles FTC Charges Alleging False Promises of Disappearing Messages and Failure to Protect Consumer Data," D&G Digital Media, Technology & Privacy Alert, June 2014

Author, "In Long-Awaited Report on Data Brokers, FTC Expresses Concerns Over Transparency and Consumer Control," D&G Digital Media, Technology & Privacy Alert, June 2014

Author, "Are You a Data Broker? The FTC Thinks So," AdExchanger.com, June 2014

Author, "California Attorney General Addresses "Do Not Track" and Other Website Privacy Issues," D&G Digital Media, Technology & Privacy Alert, June 2014

Co-Author, "SEC Permits Certain Uses of Social Media by Investment Advisers and Representatives," D&G Digital Media, Technology & Privacy Alert, April 2014

Co-Author, "Canada's Anti-Spam Law, Poised to Take Effect, Requires Action Now," D&G Digital Media, Technology & Privacy Alert, April 2014

Co-Author, "Gambling With New Jersey's Casino Advertising Rules: A Bad Bet," D&G Advertising, Marketing & Promotions Alert, March 2014

Co-Author, "Colorado's Retail Marijuana Regulations Cover Advertising, Labeling, and Packaging," D&G Advertising, Marketing & Promotions Alert, March 2014

Author, "FTC’s Proposed Settlement in Data Security Case Highlights Companies’ Need to Supervise Vendors," D&G Digital Media, Technology & Privacy Alert, March 2014

Co-Author, "Avoiding Missteps On Social Media Platforms," D&G Advertising Law: 2013 Lessons Learned & 2014 Practical Tips, Winter 2014

Author, "EU Regulations, State Legislation And Increased Litigation Are 2014’s Big Privacy Issues," D&G Advertising Law: 2013 Lessons Learned & 2014 Practical Tips, Winter 2014 

Co-Author, "'Do Not Track Kids Act' Reintroduced in Congress," D&G Advertising, Marketing & Promotions Alert, December 2013

Co-Author, "European Union Closer to Enacting Stronger Data Protection Rules and Penalties," D&G Advertising, Marketing & Promotions Alert, November 2013

Co-Author, "California Adopts Minors' Privacy Law," D&G Advertising, Marketing & Promotions Alert, October 2013

Author, "W3C Agreement on Do Not Track Standards Would Make Legal Obligations Murky," Mobile Marketer, September 2013

Co-Author, "'Do Not Track' Disclosure Bill Likely to Become Law in California," D&G Advertising, Marketing & Promotions Alert, September 2013

Co-Author, "Digital Advertising Alliance Offers New Privacy Guidance for Mobile Environment," D&G Advertising, Marketing & Promotions Alert, August 2013

PRESS

Quoted, AdExchanger.com, "Will Publishers Ever Get A Successful Day In Court Against Ad Blockers?" August 2, 2016

Quoted, AdExchanger.com, "UK Telco Tests Network-Level Ad Blocking, As Ad Industry Awaits The Fallout," June 15, 2016

Quoted, SC Magazine, "Breach: Before and After," by Jesse Staniforth, March 1, 2016

Quoted, AdExchanger.com, "US And EU Officials Agree On New “Privacy Shield” Data Transfer Pact," February 2, 2016

Quoted, Bloomberg BNA's Social Media Law & Policy Report, "'Native' Ad Formatting Can Be Unlawfully Deceptive: FTC," December 23, 2015

Quoted, Law360.com, "FTC Refines Data Security Standard In Record LifeLock Fine," December 18, 2015

Quoted, Business Insurance, "E.U. Order Complicates Multinational Personal Data Sharing for Thousands of Firms," October 13, 2015

Quoted, Law360.com, "Free Apps Shielded From Privacy Claims In 11th Circ. Ruling," October 13, 2015

Quoted, AdExchanger.com, "With No Safe Harbor, U.S. Brands Will Struggle Through Choppy Atlantic Seas," October 6, 2015

Quoted, InsideCounsel, "Digital Advertising Alliance's Mobile Privacy Enforcement starts this September," May 19, 2015

Quoted, ACEDS.org, "Tension Between Client Confidentiality, Public Disclosure Stifling Law Firm Cyber-Breach Reporting," April 16, 2015

Quoted, Law360.com, "Hulu's Win Won't Halt Video Privacy Class Actions," April 1, 2015

Quoted, Benzinga.com, "Specialist: Pangea Alliance Against Google, Facebook, Twitter Is Just The Beginning," March 26, 2015

Quoted, National Law Journal, "FTC Report on Privacy Scrutinized," February 2, 2015

Quoted, Law360.com, "FTC Report Raises Stakes for 'Internet of Things' Regulation," January 29, 2015

Quoted, Businessinsurance.com, "Banks' Success in Target Breach Unlikely to Affect Consumer Lawsuit," January 4, 2015

Quoted, BNA’s Social Media Law & Policy Report, "Group Files Lawsuit over Ownership of Twitter Account With 175,000 Followers," September 22, 2014

Quoted, Law360.com, "FTC Ratches Privacy Enforcement, With No Slowdown In Sight," July 23, 2014

Quoted, The Street, "Will the eBay Password Breach Finally Scare Off Investors?" by Jennifer Horowitz, June 5, 2014

Quoted, Law360.com, "FTC's Data Broker Report Turns Up Heat On Industry," May 27, 2014

Quoted, Droid Report, "Interview with Gary Kibel Partner at Davis & Gilbert LLP" by Jennifer Lynn, March 26, 2014

Quoted, Law360.com, "9th Circ.'s Spokeo Ruling Opens FCRA Floodgates," by Allison Grande, February 6, 2014

Quoted, Law360.com, "$18M Equifax Verdict Will Send Consumers Rushing To Court," by Allison Grande, August 5, 2013

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

New York City Bar Association
International Association of Privacy Professionals
Bloomberg BNA Social Media Law & Policy Report Editorial Advisory Board

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


The Legal 500 - The Clients Guide to Law Firms

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 counsel on the legal team in connection with WPP’s acquisition of 24/7 Real Media.

SPEAKING ENGAGEMENTS

"Top Legal Compliance Tips for Engaging Influencers," 2016 Influencer Marketing Days, November 14-15, 2016

"Digital Advertising Self-Regulation: A Comparison of Approaches," 2016 Privacy + Security Forum, October 24-26, 2016

"What's Trending in Tech & Advertising," AdThink, August 3, 2016

"Programmatic Media – The Business and Legal Perspectives," INNOVATE:NY Presented by the Advertising Club of New York, July 28, 2016

"Third-Party Oversight and Vendor Management," American Conference Institute's 19th Cyber Security and Data Privacy & Protection Conference, June 23-24, 2016

"Publishers Flex their First-Party Data Muscles," MediaPost's OMMA Programmatic Conference, May 17, 2016

Program Chair, "Digital Marketing & Big Data," New York City Bar Association Privacy & Data Security Law Program, April 18, 2016

"Using Offline Data to Drive Online Marketing," Association of National Advertisers (ANA) Advertising Law & Public Policy Conference, April 6-7, 2016

From Desktop to Mobile: Digital Marketing and Interest-Based Advertising,” New Jersey Association of Corporate Counsel Program, March 16, 2016

"Hot Topics in Digital Media Law," Association of Corporate Counsel's Westchester County NY/Southern Connecticut Chapter Program, February 26, 2016

"Maximizing & Exploiting Big Data in Digital Media ... Legally," MediaPost's Programmatic Insider Summit, February 21-24, 2016

"Digital Advertising: Managing Privacy and Cybersecurity Risks," American Lawyer Media cyberSecurity Conference, December 15, 2015

"Big Data: Opportunities, Challenges and Implications for Privacy," Binghamton University Alumni Association, November 19, 2015

"Putting It Together: Running Programs on Social Media, Mobile and Apps," Practising Law Institute's Tracking and Targeting Customers and Prospects Online, on Mobile Devices, and in Social Media 2015, November 18, 2015

"IP Asset Review," New York State Bar Association Intellectual Property Section’s IP Due Diligence in Corporate Transactions Program, November 10, 2015

"A Day in the Life of a Privacy Practitioner," New York Intellectual Property Law Association Webinar, October 22, 2015

"Cyber Security Controls & Liability Practices," Vistage Program, October 7, 2015

"Programmatic Media – The Practical and Legal Perspectives," Davis & Gilbert Digital Media, Technology & Privacy Seminar, Thursday, July 30, 2015

"Programmatic Advertising: The Current Legal Landscape and Evolving Concerns," IAB Legal Affairs and Programmatic Council CLE Webinar, June 17, 2015

"Big Data – The Risks and Rewards of Collecting and Exploiting Data," New York In-House Counsel Program, June 17, 2015

"Indoor Location & Privacy," Place 2015: The Business of Location, June 9, 2015

"What's Trending in Tech & Advertising," AdThink, May 28, 2015. Click here to view a video highlighting expert advice on advertising and privacy issues for technology start-ups.

"The Internet of Things: Policy, Law and Reality," International Association of Privacy Professionals (IAPP) – New York KnowledgeNet Program, April 30, 2015

"Cybersecurity," Association of Certified E-Discovery Specialists NY Metro Chapter Program, April 7, 2015

"Hot Topics in Advertising & Digital Media," Association of Corporate Counsel's Westchester County NY/Southern Connecticut Chapter Program, February 5, 2015

"Protecting Your Property From Data Breaches," American Hotel & Lodging Association's Fall Conference, November 8-11, 2014

Program Institute Chair, "Managing the Rapidly Evolving Legal Landscape," New York City Bar Association: 2nd Annual Privacy & Cybersecurity Law Institute, November 5, 2014

"Privacy & Technology: Mobile Tracking, Consumer Online Scoring and User-Generated Health," Canadian Bar Association’s 5th Annual Access to Information and Privacy Law Symposium, October 30-31, 2014

"Data Brokers, The Scope of PII & The Ad Tech Industry," Davis & Gilbert LLP and Network Advertising Initiative Webinar, September 4, 2014

"Data - The Lifeblood of the Affiliate Marketing industry," Affiliate Summit East 2014, August 10-12, 2014

"Emerging Tech in Advertising," AdThink V, July 22, 2014. Click here to view a video highlighting expert advice on advertising and privacy issues for technology start-ups.

"Digital Media and Retargeting - Beyond the Cookie Tomorrow; Compliance Today," D&G Digital Media & Privacy Breakfast Seminar, June 10, 2014

"Update From the Regulators: Privacy Enforcement Actions and Other Initiatives," International Association of Privacy Professionals, April 29, 2014

"Security Risks from Employees and Vendors; FTC Enforcement," New York State Bar Association Program, April 3, 2014

Pitmans 3rd Annual Cyber Security Conference, February 20, 2014

"Driving Big Data in the Marketing Research Industry," International Association of Privacy Professionals Webinar, February 6, 2014

"Update From the Performance Marketing Association," Affiliate Summit West 2014, January 12 – 14, 2014 

"Advanced Contract Management: Preserving Your Intellectual Property Rights," ProcureCon for Digital and Marketing Services, November 12-14, 2013

"Social Media," International Association of Privacy Professionals Practical Privacy Series, November 7, 2013

"Mobile Privacy Standards & Regulations," Morning of Mobile Privacy, October 17, 2013

"Hot Topics in Social Media and Consumer Privacy," New Jersey Corporate Counsel Association's 11th Annual CLE Conference, September 20, 2013

PUBLICATIONS

Co-Author, "Internet Retailers Beware: NJ Truth-in-Consumer Contract, Warranty and Notice Act Impacts Online Terms and Conditions," D&G Litigation Alert, July 2016

Co-Author, "EU-U.S. Privacy Shield to Start Accepting Certifications August 1," D&G Digital Media, Technology & Privacy Alert, July 2016

Co-Author, "FTC's First COPPA Action Against Mobile Ad Network Highlights Risks for Operators As Well," D&G Advertising, Marketing & Promotions Alert, July 2016

Author, "Brexit May Complicate Privacy Issues for Ad Tech Companies," D&G Digital Media, Technology & Privacy Alert, June 2016

Co-Author, "Self-Regulatory Principles Applied for First Time to Mobile Apps and Discussed at DAA and ASRC Events," D&G Advertising, Marketing & Promotions Alert, May 2016

Co-Author, "Spotlight on Big Data and Connected," D&G Advertising Law: 2015 Lessons Learned & 2016 Practical Advice

Author, "Agreement on EU-U.S. Privacy Shield to Replace Safe Harbor Faces Hurdles," D&G Digital Media, Technology & Privacy Alert, February 2016

Author, "New FTC Report Highlights Ubiquity of Big Data and Contrasts Negative Impact Versus Substantial Benefits of Big Data," D&G Digital Media, Technology & Privacy Alert, January 2016

Co-Author, "Wyndham Settles FTC's Data Breach Case After Ruling Reinforced FTC's Authority," D&G Digital Media, Technology & Privacy Alert, December 2015

Co-Author, "Failure to Prove Probability of Harm from Alleged Data Breaches Dooms FTC’s Complaint," D&G Digital Media, Technology & Privacy Alert, December 2015

Co-Author, "New DAA Guidance Emphasizes Applicability of Transparency and Control to Cross-Device Advertising Practices," D&G Digital Media, Technology & Privacy Alert, November 2015

Co-Author, "Big Data Discrimination: Is The Industry Responsible?" AdExchanger.com, October 15, 2015

Co-Author, "EU Court of Justice Strikes Down U.S.-EU Safe Harbor for Data Sharing," D&G Digital Media, Technology & Privacy Alert, October 2015

Co-Author, "Federal Circuit Court Reinforces FTC's Authority to Act in Data Breach Cases," D&G Digital Media, Technology & Privacy Alert, August 2015

Co-Author, "DAA Announces Mobile Privacy Enforcement to Begin September 1, 2015," D&G Digital Media, Technology & Privacy Alert, May 2015

Co-Author, "Court Finds Affiliate Marketing Network Responsible for False Claims Made by its Affiliates," D&G Advertising, Marketing & Promotions Alert, April 2015

Co-Author, "Navigating a Changing Social Media Landscape," D&G Advertising Law: 2014 Lessons Learned & 2015 Practical Advice, Winter 2015

Author, "A Year of Breaches and More Breaches," D&G Advertising Law: 2014 Lessons Learned & 2015 Practical Advice, Winter 2015

Co-Author, "Privacy & Data Security Concerns in 2015: The Internet of Things, Data Brokers and Data Synching, and Mobility and Fraud," InsideCounsel, February 11, 2015

Co-Author, "NAD Recommends Changes to Online Travel Agency's Search Engine Marketing Claims," D&G Advertising, Marketing & Promotions Alert, February 2015

Author, "Contrary to Popular Belief, There Are Restrictions on First-Party Data," AdExchanger.com, January 15, 2015

Co-Author, "In "Internet of Things" Report, FTC Staff Warns Makers of Connected Devices to Improve Privacy and Security," D&G Digital Media, Technology & Privacy Alert, January 2015

Co-Author, "California Amends Data Breach Notification Rules, Which "May" Include Free Credit Monitoring," D&G Digital Media, Technology & Privacy Alert, October 2014

Author, "The Risk of Clicking Facebook's Social Plug-in," AdExchanger.com, July 30, 2014 

Co-Author, "New Florida Privacy Breach Law Takes Effect, With Stringent Notification Rules and Other New Provisions," D&G Digital Media, Technology & Privacy Alert, July 2014

Co-Author, "Snapchat Settles FTC Charges Alleging False Promises of Disappearing Messages and Failure to Protect Consumer Data," D&G Digital Media, Technology & Privacy Alert, June 2014

Author, "In Long-Awaited Report on Data Brokers, FTC Expresses Concerns Over Transparency and Consumer Control," D&G Digital Media, Technology & Privacy Alert, June 2014

Author, "Are You a Data Broker? The FTC Thinks So," AdExchanger.com, June 2014

Author, "California Attorney General Addresses "Do Not Track" and Other Website Privacy Issues," D&G Digital Media, Technology & Privacy Alert, June 2014

Co-Author, "SEC Permits Certain Uses of Social Media by Investment Advisers and Representatives," D&G Digital Media, Technology & Privacy Alert, April 2014

Co-Author, "Canada's Anti-Spam Law, Poised to Take Effect, Requires Action Now," D&G Digital Media, Technology & Privacy Alert, April 2014

Co-Author, "Gambling With New Jersey's Casino Advertising Rules: A Bad Bet," D&G Advertising, Marketing & Promotions Alert, March 2014

Co-Author, "Colorado's Retail Marijuana Regulations Cover Advertising, Labeling, and Packaging," D&G Advertising, Marketing & Promotions Alert, March 2014

Author, "FTC’s Proposed Settlement in Data Security Case Highlights Companies’ Need to Supervise Vendors," D&G Digital Media, Technology & Privacy Alert, March 2014

Co-Author, "Avoiding Missteps On Social Media Platforms," D&G Advertising Law: 2013 Lessons Learned & 2014 Practical Tips, Winter 2014

Author, "EU Regulations, State Legislation And Increased Litigation Are 2014’s Big Privacy Issues," D&G Advertising Law: 2013 Lessons Learned & 2014 Practical Tips, Winter 2014 

Co-Author, "'Do Not Track Kids Act' Reintroduced in Congress," D&G Advertising, Marketing & Promotions Alert, December 2013

Co-Author, "European Union Closer to Enacting Stronger Data Protection Rules and Penalties," D&G Advertising, Marketing & Promotions Alert, November 2013

Co-Author, "California Adopts Minors' Privacy Law," D&G Advertising, Marketing & Promotions Alert, October 2013

Author, "W3C Agreement on Do Not Track Standards Would Make Legal Obligations Murky," Mobile Marketer, September 2013

Co-Author, "'Do Not Track' Disclosure Bill Likely to Become Law in California," D&G Advertising, Marketing & Promotions Alert, September 2013

Co-Author, "Digital Advertising Alliance Offers New Privacy Guidance for Mobile Environment," D&G Advertising, Marketing & Promotions Alert, August 2013

PRESS

Quoted, AdExchanger.com, "Will Publishers Ever Get A Successful Day In Court Against Ad Blockers?" August 2, 2016

Quoted, AdExchanger.com, "UK Telco Tests Network-Level Ad Blocking, As Ad Industry Awaits The Fallout," June 15, 2016

Quoted, SC Magazine, "Breach: Before and After," by Jesse Staniforth, March 1, 2016

Quoted, AdExchanger.com, "US And EU Officials Agree On New “Privacy Shield” Data Transfer Pact," February 2, 2016

Quoted, Bloomberg BNA's Social Media Law & Policy Report, "'Native' Ad Formatting Can Be Unlawfully Deceptive: FTC," December 23, 2015

Quoted, Law360.com, "FTC Refines Data Security Standard In Record LifeLock Fine," December 18, 2015

Quoted, Business Insurance, "E.U. Order Complicates Multinational Personal Data Sharing for Thousands of Firms," October 13, 2015

Quoted, Law360.com, "Free Apps Shielded From Privacy Claims In 11th Circ. Ruling," October 13, 2015

Quoted, AdExchanger.com, "With No Safe Harbor, U.S. Brands Will Struggle Through Choppy Atlantic Seas," October 6, 2015

Quoted, InsideCounsel, "Digital Advertising Alliance's Mobile Privacy Enforcement starts this September," May 19, 2015

Quoted, ACEDS.org, "Tension Between Client Confidentiality, Public Disclosure Stifling Law Firm Cyber-Breach Reporting," April 16, 2015

Quoted, Law360.com, "Hulu's Win Won't Halt Video Privacy Class Actions," April 1, 2015

Quoted, Benzinga.com, "Specialist: Pangea Alliance Against Google, Facebook, Twitter Is Just The Beginning," March 26, 2015

Quoted, National Law Journal, "FTC Report on Privacy Scrutinized," February 2, 2015

Quoted, Law360.com, "FTC Report Raises Stakes for 'Internet of Things' Regulation," January 29, 2015

Quoted, Businessinsurance.com, "Banks' Success in Target Breach Unlikely to Affect Consumer Lawsuit," January 4, 2015

Quoted, BNA’s Social Media Law & Policy Report, "Group Files Lawsuit over Ownership of Twitter Account With 175,000 Followers," September 22, 2014

Quoted, Law360.com, "FTC Ratches Privacy Enforcement, With No Slowdown In Sight," July 23, 2014

Quoted, The Street, "Will the eBay Password Breach Finally Scare Off Investors?" by Jennifer Horowitz, June 5, 2014

Quoted, Law360.com, "FTC's Data Broker Report Turns Up Heat On Industry," May 27, 2014

Quoted, Droid Report, "Interview with Gary Kibel Partner at Davis & Gilbert LLP" by Jennifer Lynn, March 26, 2014

Quoted, Law360.com, "9th Circ.'s Spokeo Ruling Opens FCRA Floodgates," by Allison Grande, February 6, 2014

Quoted, Law360.com, "$18M Equifax Verdict Will Send Consumers Rushing To Court," by Allison Grande, August 5, 2013

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

New York City Bar Association
International Association of Privacy Professionals
Bloomberg BNA Social Media Law & Policy Report Editorial Advisory Board

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


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