Areas of Focus
“Even when I’m away on vacation, I’m not away. I’m not going to unplug and not pay attention to what’s going on in this industry, because one week could be a lifetime.”
Overview
For companies operating at the intersection of digital media, advertising, technology and consumer privacy, the legal landscape is rapidly evolving. Gary Kibel provides much-needed direction to clients involved in both emerging businesses and well-established companies engaging new technologies. While most of his clients are, broadly speaking, in the marketing industry, his deep knowledge of privacy and data security issues makes him a sought-after counselor to companies in the technology, e-commerce, financial services and employment sectors as well.
In the digital media space, where entire industries can rise and fall seemingly overnight, he helps his clients confidently navigate uncharted terrain. They count on him for guidance in complying with — and helping to shape — the best practices that must serve their industry in the absence of legal precedents. For more mature companies, he helps clients incorporate new concepts into existing infrastructures.
Much of Gary’s time is spent staying current in this fast-paced environment. Whether through his representation of key industry clients, his active involvement in trade associations or his recognized thought leadership, he is deeply immersed in the issues facing tech-forward companies. Clients call on him, literally every day, to provide crucial perspective on cutting-edge issues with enormous consequence to their business.
In the privacy space, where laws are rapidly evolving as well, Gary keeps his clients moving forward in a manner designed for compliance, taking care not to impede their progress. Part of his approach is to ensure that regulatory compliance, far from being a debilitating obstacle, can be turned to a strategic advantage by companies that can incorporate the right policies into their commercial platforms. For clients who may be targets of privacy complaints, he suggests timely and practical options, assuring that their disclosures and processes will be both comprehensive and well thought out.
Gary co-leads a team focused on the CCPA, GDPR, and other enacted and pending state and federal legislation, as well as self-regulatory regimes. In addition, he regularly advises clients regarding the burgeoning industry of CBD/cannabis marketing practices.
Representative Experience
Counseled one of the largest media companies in Europe on privacy issues connected with launching a new service in the U.S. Helped the client synchronize requirements under EU and U.S. privacy laws and advised on best practices in the U.S.
Assisted a large international telecommunications provider with the launch of a B2B service in the United States that enables business customers to leverage online services in a new, unique and efficient fashion.
Advised an international clothing brand on privacy issues connected with launching its e-commerce service for the U.S. market. Helped the client synchronize requirements under EU and U.S. privacy laws and advised on best practices in the U.S.
Represented an ad tech company in connection with multiple third-party subpoenas and DOJ investigations into the practices of other industry players. Advised on sensitive issues over sharing confidential business strategies and critiquing the practices of other industry participants.
Represented a major advertising trade association in connection with the development of privacy guidelines and position papers, helping the organization become more assertive in the privacy debate.
Advised a major sports organization on privacy issues for the launch of a new website that closely integrates with broadcast networks and local affiliates and provides tools and services for fans.
Managed and supervised a breach response action plan for a leading online entertainment service, including application of 50 separate state security breach notification laws to unique facts.
Advised an ad tech company in connection with the launch of a new advertising service for Chinese advertisers targeting the U.S. market, and U.S. advertisers targeting the Chinese market. Synchronized privacy and media legal requirements and best practices between the two jurisdictions.
- Oversaw the development of a consulting and services agreement for a Cisco certified software and consulting firm.
Insights + Events
- Event ActiveProspect | FCC Series: Episode 21 – The 2024 FCC Compliance Recap: Preparing for the Year Ahead
December 4, 2024
- Alert California Privacy Regulations Focus On Data Brokers and All Businesses
November 25, 2024
- Event Out of Home Advertising Association of America | 2024 Legal Seminar
November 13, 2024
- Press Mention Bloomberg Law | Maryland Youth Privacy Requirements Signal Growing State Trend
November 12, 2024
- Event Association of National Advertisers | Masters of Advertising Law Conference 2024
November 11, 2024
- Alert Can you Wiretap a Website? Decades-Old Privacy Laws Are Being Used to Attack Common Internet Technologies
November 8, 2024
- Event ICSC+U.S. Law Conference 2024
October 23, 2024
- Event D+G Lunch Seminar | Navigating AI Laws: A Transatlantic Perspective
September 26, 2024
- Alert Children’s Privacy Roundup: U.S. vs. TikTok and Federal and State Legislation Updates
September 5, 2024
- Press Mention AdExchanger | Don’t Sleep On Maryland’s Strict New Data Privacy Law
August 26, 2024
- View More
Credentials
Education
- Brooklyn Law School (J.D., 1999)
- Binghamton University, School of Management (M.B.A., 1992)
- Binghamton University (B.A., 1990)
Professional Certifications
Distinctions
- Chambers USA: America’s Leading Lawyers for Business® “Recognized Practitioner” 2015-2018, Nationwide Privacy & Data Security
- Legal 500 United States® 2012-2024, Cyber Law (Including Data Privacy and Data Protection)
- BTI Consulting Group “Client Service All-Stars” 2022
Bar Admissions
- New York
- New Jersey
- Connecticut
Associations
Member, Davis+Gilbert Growth and Planning Committee
General Counsel, Performance Marketing Association
Member, Interactive Advertising Bureau (IAB) Legal Affairs Committee
Member, New York City Bar Association
Member, International Association of Privacy Professionals (IAPP)
Advisory Board Member, Silicon Alley Sports
Past President, Binghamton University Alumni Association