Areas of Focus
“My approach is very practical. It’s critical to take your head out of a deal’s minutia and consider the broader perspective. In advising my clients, I take into account the importance of getting the deal done and the true overall risk to the client, considering legal terms, the state of the law, and how counterparties and third parties are likely to act.”
Richard Eisert’s practice sits squarely at the crossroads of technology, advertising and marketing, e-commerce, intellectual property and privacy law. With clients ranging from start-ups to global leaders in the technology, online commerce, new media and advertising industries, Richard offers canny counsel on all aspects of marketing, promoting and selling goods and services.
As a former intellectual property litigator and as counsel to hundreds of businesses, Richard knows that “no risk” solutions rarely exist. He collaborates with client business and legal teams to find solutions with acceptable risk, often functioning like in-house counsel, but with a broad perspective that reflects his experience in multiple client engagements. His thinking and approach are constantly informed by how best to navigate the legal and practical ramifications of a given scenario.
Richard’s technology law practice reflects his broad array of client matters, and includes negotiating platform and licensing deals, technology agreements and media buys involving industry behemoths, advising on financing options for startups, and handling leading-edge deals for data providers, ad tech/proptech and other technology companies. He views his clients’ opportunities, quandaries and ideas with a positive outlook, even in contested and boundary-testing situations such as behavioral advertising and CRM onboarding, location and non-cookie-based targeting. Then he devises a goal-focused plan.
Industry-leading businesses turn to Richard for day-to-day advice on specific legal and regulatory issues impacting their e-commerce and online advertising, including claim substantiation, FTC endorsement and native advertising issues, targeted advertising, and intellectual property ownership and infringement matters. He skillfully navigates complex advertising and promotional issues in highly regulated and cutting-edge areas.
Richard has advised on digital advertising and e-commerce since their inception. In some cases, he helped create the legal infrastructure in which these industries operate. He played a key role in negotiating the industry-standard Interactive Advertising Bureau terms and conditions that serve as the backbone for many online advertising deals and remains active in ongoing industry initiatives. Richard’s efforts have forestalled or addressed regulatory action against companies, kept marketing and sales channels flowing, and preserved and protected clients’ reputations.
Intricately woven into these areas are data and privacy law challenges. Richard advises on the breadth of privacy, data security and regulatory issues arising online, including targeted and behavioral advertising, social media, mobile marketing, affiliate marketing, and other innovative products and services. From Children’s Online Privacy Protection Act guidance for U.S. and foreign entities to CCPA and CPRA advice, Richard offers clear counsel, best practices, and effective strategies to help his clients accomplish their goals while avoiding risks and maintaining compliance. An advisor early on in connection with the California privacy initiatives that resulted in CCPA’s enactment, Richard readily untangles complex, evolving privacy issues for U.S. and non-U.S. clients.
Advising an ad tech company using advanced technologies in revising privacy policies to comply with CCPA’s requirements. Due to increasingly more complex privacy requirements, we advised on how to best to update their privacy practices to limit risks and maximize business opportunities.
Advising an e-commerce company in creating and updating privacy policies and adjusting their consumer rights request practices and other internal data processing protocols. By taking the time to understand what data our client retains and the flow of that data, we ensured they are well positioned to comply with consumer rights requests as well as internal data protocols.
Assisted a major SSP in revising template agreements to better ensure regulatory compliance with changing laws.
Represented one of the world’s largest media buyers in the negotiation of agency-wide agreements with DSPs and other critical media buying platforms and updated templates to address novel content production issues.
Negotiated contract protections and privacy and security agreements for a media company in connection with blockchain projects, while simultaneously performing due diligence on various blockchain service providers.
Advised one of the world’s largest media buyers on the use and implementation of artificially intelligent bots for marketing purposes and for purposes of automating more of the media buying process, as well as privacy risks and related consumer disclosures arising out of the use of artificial intelligence.
Advising a leading advertising agency on compliance with the FTC Endorsement Guides and FTC Native Advertising Guide. Reviewed native and influencer campaigns; assessed the adequacy of disclosures; structured social media policies, influencer/endorser guidelines, term sheets and contracts, and drafted contracts for influencers and native content vendors.
Represented an audience intelligence and measurement company that provides software, information and advertising services for marketers, publishers and advertising agencies worldwide on the addition of advertisers in highly regulated industries such as cannabis, prescription drugs and political advertising. Provided detailed guidelines that may differ by country and state to help our client understand the complexities and challenges of these regulated areas.
Insights + Events
- Publication AdExchanger | How CPRA Treats “Cross-Context Behavioral Advertising” – And the Implications for Ad Tech
December 17, 2021
- Alert Cybersecurity and Privacy Risks Rise with Remote Workforce
September 28, 2021
- Press Mention Chief Marketer | On Consumer Privacy Legislation: How the CDPA and CPRA Differ
July 9, 2021
- Maintaining Your Competitive Advantage with Proactive Privacy and Data Protection Strategies AdExchanger | New Rules for Behavior Advertising: How The CDPA and CPRA Compare
July 7, 2021
- Event New York City Bar Association’s Webinar Conference | CCPA, CRPA and Other Privacy Challenges to Digital Marketing and Data Use
May 19, 2021
- Event NYC AdTech.connect
April 15, 2021
- Alert Virginia Becomes the Second State to Pass a Comprehensive Privacy Law
March 4, 2021
- Event Counsel 2U® Privacy + Data Security Webinar | An Insider’s Look at CPRA: A Fireside Chat with Alastair Mactaggart
February 25, 2021
- Publication AdExchanger | What Does the CPRA Mean for Behavioral Advertising?
November 19, 2020
- Alert And the Winner of This Year’s Election Is… the California Privacy Rights Act
November 5, 2020
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- Harvard Law School (J.D., cum laude, 1991)
- Editor-in-Chief, Harvard Journal of Law and Technology
- Harvard University (B.A., magna cum laude, 1988)
- The Best Lawyers in America® 2019-2022, Advertising Law
- Chambers USA: America’s Leading Lawyers for Business® 2009-2016, Nationwide Advertising: Transactional & Regulatory
- The Legal 500 United States® 2009-2021, Advertising and Marketing: Transactional and Regulatory; 2012-2021 Cyber Law (Including Data Privacy and Data Protection)
- New York
- District of Columbia
Member, Davis+Gilbert IT Committee
Member, Interactive Advertising Bureau (IAB) Legal Affairs Committee