Gary A. Kibel of Davis+Gilbert LLP

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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.

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U.S. House Unveils the Latest Attempt at a U.S. Privacy Law: The American Privacy Rights Act

The United States is among the minority of large economies in the world without a comprehensive national privacy law. In the absence of such a law, numerous states are filling the void with a complex assortment of often inconsistent privacy laws. However, unexpected legislative developments in the U.S. House of Representatives will potentially resolve the … Continue Reading

FTC Staff Report Brings Dark Patterns to Light

Trick or treat? The Federal Trade Commission (FTC) staff is focused on one “trick” this spooky season: Designing user interfaces to trick or manipulate users into taking actions they would not otherwise approve of, or putting obstacles in place to discourage consumers from exercising certain rights. These so-called “dark patterns” are a continued focus of … Continue Reading

Supreme Court Finds Google’s Copying of Oracle’s APIs a Fair Use

A recent Supreme Court decision has finally put an end to the longstanding fight between Oracle and Google concerning Google’s use of Oracle’s copyrighted Java Application Programming Interfaces (APIs). The Supreme Court’s decision held that, contrary to the decision by the Federal Circuit Court of Appeals which was discussed in our previous alert, Google’s use … Continue Reading

Don’t Smile at the Camera – New Biometric Data Laws

Biometric data is seen as a preferred means of identification by many businesses. Unlocking a smartphone using facial recognition and other biometric identifiers, for example, gives users the feeling as if they are more protected (e.g., less risk of identity theft). However, similar to the boom in privacy developments and legislation related to the collection … Continue Reading

States Are Proposing Their Own CCPA-Like Privacy Laws

Businesses that have just about come to terms with the California Consumer Privacy Act (CCPA) may have more privacy rules and regulations to deal with going forward. Legislators in a number of other states across the country have recently proposed their own privacy bills. In many instances, these bills are similar to the CCPA, but … Continue Reading

1-800 Contacts Unlawfully Restricted Competitors’ Trademark Use in Search Engine Marketing

The Federal Trade Commission (FTC) recently decided that agreements reached by 1-800 Contacts, Inc. with a number of its competitors to settle claims that the competitors’ online search advertising infringed on 1-800 Contacts’ trademarks unlawfully restricted the competitors’ ability to engage in search engine marketing, to the detriment of both consumers and search engines. The … Continue Reading

FTC Announces First COPPA Action Involving Connected Toys

A Hong Kong-based electronic toy manufacturer and its U.S. subsidiary agreed to pay the Federal Trade Commission (FTC) $650,000 to settle allegations that they violated the Children’s Online Privacy Protection Act (COPPA) by collecting personal information from children without providing appropriate notice and consent, and by failing to take reasonable steps to secure the data … Continue Reading

T Minus 1 Year Until GDPR: Are You Ready for Take Off?

BOTTOM LINE It remains to be seen what will happen after the GDPR becomes effective on May 25, 2018. The GDPR compliance roadmap can be helpful for any organization that collects or processes personal data, whether or not an organization in or outside of the EU believes it is subject to the GDPR. With just … Continue Reading

New Copyright Office Regulations Require Websites to Re-Register for DMCA Safe Harbor Protection

BOTTOM LINE Website operators and other online service providers must re-register their DMCA designated agents using the Copyright Office’s new online filing system by December 31, 2017 to avoid losing DMCA safe harbor protection. The Copyright Office recently implemented new regulations governing how websites and other online service providers must register a designated agent for … Continue Reading