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Kyle R. Dull
Senior Associate
Kyle Dull is a senior associate in the Data Privacy, Cybersecurity & Digital Assets Practice. Using his experience as a former enforcement lawyer, he provides strategic and pragmatic counsel to industry-leading companies, mid-market organizations and startups navigating the complex landscape of domestic and international privacy laws, consumer protection laws, advertising and marketing laws, regulations and best practices.
Committed to fostering a balance between business growth and consumer protection to reduce risk, Kyle empowers clients to achieve their privacy governance and advertising goals while maintaining ethical standards.
Kyle’s deep understanding of regulatory enforcement is invaluable in defending and resolving high-stakes disputes with government agencies and tailoring privacy and marketing compliance programs to reduce the risk of such actions. His tenure at the Florida attorney general’s Consumer Protection Division equips him to proactively identify and mitigate privacy and advertising risks for clients. While at the attorney general’s office, Kyle launched key investigations concerning unfair and deceptive data practices, geolocation tracking and claim substantiation, as well as matters involving children’s privacy and marketing claims. With a proven track record in investigating and litigating complex matters, he offers unparalleled insights into compliance strategies and enforcement actions.
Beyond regulatory advice, Kyle is a trusted adviser for retail and e-tail businesses, counseling clients on novel marketing strategies to ensure that they align with legal requirements and best practices. He seamlessly integrates technology, data privacy, security, intellectual property and advertising considerations into his advice to help create innovative solutions to complex situations. Kyle’s expertise extends to drafting and negotiating a wide range of contracts, including licensing, joint venture and data sharing agreements, ensuring alignment with business objectives and legal requirements.
He is a former member of the Florida Bar Association’s Consumer Protection Law Committee and Data Privacy & Cybersecurity Subcommittee, and a two-term adviser to Law360’s Consumer Protection Committee, staying at the forefront of industry developments and best practices. Kyle is a certified information privacy professional (IAPP CIPP/US).
- Counseling leading beauty and fashion companies on US privacy and advertising compliance, including advising on state consumer privacy laws, international and intragroup data transfers, employee privacy, data retention, biometrics, text marketing, sweepstakes, contests, promotions, and online advertising rules, regulations and best practices.
- Assisting companies navigating security incidents involving consumer and employee personal data.
- Negotiating AI technology agreements with vendors providing marketing services such as chatbots, marketing telephone calls and text messages.
- Negotiating internet advertising agreements.
- Advising clients on customer record management policies and procedures to effectuate state consumer privacy rights.
- Advising a leading film production, animation and gaming studio on US and European privacy compliance.
- Acting as privacy counsel to national retailers operating under a franchisee model, including counseling on data licensing agreements, data processing agreements (DPAs), biometrics, and video monitoring.
- Counseling clients on email and text message compliance in the US, UK and EU.
- Advising a leading biometric authentication provider on data privacy compliance in the US, including drafting customer agreements and consumer disclosures.
- Coordinating the breach response of a large publicly traded, multinational company, including analysis of breach notification obligations for all 50 states and Canada.
- Counsels clients on general advertising issues, including adequate disclosures, gift cards, automatic renewals, marketing of products under development, and health and wellness claims.
- Defends businesses before the Federal Trade Commission (FTC) and state Attorneys General, including California Consumer Privacy Act (CCPA) enforcement actions brought by the California Attorney General, COVID-19-related inquiries by the New York Attorney General and Department of Justice, data breach enforcement actions, and advertising and privacy investigations by the FTC.
- Advises clients on CCPA and California Privacy Rights Act (CPRA) compliance, including loyalty program compliance, third-party cookie issues and privacy disclosures.
- Works with clients to develop text, telemarketing, email and digital advertising campaigns in order to reduce TCPA and CAN SPAM risks.
- Counsels clients on FOSTA-SESTA compliance and the immunity protections provided by Section 230 of the Communications Decency Act.
- Advises clients in heavily regulated industries on sweepstakes and advertising compliance nationwide.
Prior Government Experience
- Negotiated settlements with e-commerce companies for fictitious pricing, unsubstantiated claims, deceptive advertisements, and failure to clearly and conspicuously disclose material terms and conditions.
- Led and organized multistate investigations with other state attorney generals, including investigations of an e-cigarette company, social media platforms, technology companies and a cruise line.
- Investigated and negotiated a precedent-setting settlement banning a company from selling fake social media followers.
- Supervised a team of five lawyers and nine investigators, investigating more than 20 companies in the vaping industry, the largest investigation by a state attorney general.
Education
- Tulane University Law School, J.D., Dean's Scholarship for Academic Excellence, 2012
- Vanderbilt University, B.A., Dean’s List, 2009
Admissions
- New York, 2014
- Florida, 2013
Courts
- U.S. Dist. Ct., S. Dist. of Florida
Memberships & Affiliations
- Consumer Protection Law Committee and Data Privacy and Cybersecurity Subcommittee, Florida Bar (2020 to 2023)
- Law360 Consumer Protection Editorial Advisory Board (2021 and 2022)
- Quoted, “States Pile On Privacy Law Patchwork As Congress Stagnates,” Law360, May 5, 2023.
- Quoted, “Consumer Protection Policy and Cases To Watch In 2023,” Law360, January 2, 2023.
- Quoted, “Top Privacy Developments Of 2022: Year In Review,” Law360, December 21, 2022.
- Quoted, “Cyber Training Center To Give State AGs Enforcement Boost,” Law360, May 27, 2022.
- Quoted, “Calif. AG Sets Sights On Loyalty Programs’ Privacy Pitfalls,” Law360, February 16, 2022.
- Press Mention, “Consumer Protection Cases and Policy To Watch In 2022,” Law360, January 3, 2022.
- Quoted, “Insurance, Regulatory Ripples Likely After Colonial Pipeline Hack,” Bloomberg Law, May 11, 2021.
- Quoted, “Florida Legislature's privacy law efforts fall short,” IAPP, May 3, 2021.
- Quoted, “Florida Consumer Privacy Bill Falls Short at the Eleventh Hour,” Bloomberg Law, April 30, 2021.
- Quoted, “Fla. Privacy Bill Can't Cross Finish Line As Session Ends,” Law360, April 30, 2021.
- Featured, “SPB add three US data professionals,” ICLG, April 19, 2021.
- Quoted, “Squire Patton Boggs Nabs Data Privacy Team from BakerHostetler,” Bloomberg Law, April 5, 2021.
- Quoted, “Squire Patton Grows Data Privacy Practice With 3 New Attys,” Law360, April 5, 2021.
- Co-author, “USA: Navigating the maze of direct marketing regulations,” OneTrust DataGuidance, May 2024.
- Speaker, “Survey of U.S. State Privacy Laws,” Strafford Webinars, September 18, 2024.
- Speaker, “Dino-Mitigation Plan: AI Risk Assessments and Compliance Obligations,” Association of Corporate Counsel (ACC) South Florida’s 14th Annual CLE Conference, September 12, 2024.
- Co-author, “Direct Marketing in the US: Overview,” Thomson Reuters Practical Law, August 2024.
- Speaker, “Litigation and Enforcement Round Up for the Advertising Industry,” Association of National Advertisers (ANA) Conference, New York City, June 26, 2024.
- Author, “Florida: Digital Bill of Rights – Privacy Concerns and Key Differences for Businesses to Consider,” OneTrust DataGuidance, July 2023.
- Speaker, “Best Practices for Obtaining Enforceable Online Notices, Consent and Agreements in Negative Option Marketing – and Avoiding ‘Dark Patterns,’” Association of National Advertisers (ANA) Conference, Los Angeles, July 19, 2023.
- Co-author, “Direct Marketing in the US: Overview,” Thomson Reuters Practical Law, June 2023.
- Co-author, “Uncloaking Dark Patterns: Identifying, Avoiding, and Minimizing Legal Risk,” Competition Policy International® TechREG Chronicle, May 2023.
- Speaker, “Technology for Law Practice,” Southern Methodist University (SMU) Dedman School of Law, May 10, 2023.
- Co-author, “FTC Proposal Greatly Widens Auto-Renewal Regulation,” Law360, April 2023.
- Speaker, “Protect Your Business from Regulatory Risk: Mitigating the Threat of Dark Patterns,” MyLawCLE and Federal Bar Association webinar, April 19, 2023.
- Speaker, “Website Data Scraping: Evolving Legal, Case Law, and Business Challenges, User Agreement Enforcement, Safeguards,” Strafford webinar, February 16, 2023.
- Speaker, “Consumer Privacy: What You Need to Know About the New State Privacy Laws,” 2022 Association of National Advertisers (ANA) Masters of Advertising Law Conference, November 8, 2022.
- Speaker, “For Your Eyes Only: Dealing with Security Risks, New Privacy Laws, and Vendor Management,” Association of Corporate Counsel (ACC) South Florida’s 12th Annual CLE Conference, September 16, 2022.
- Co-author, “Brand’s Influencer Marketing Practices in Regulators’ Crosshairs on Both Sides of the Atlantic,” The Licensing Journal, January 2022.
- Speaker and Chair, “Panel on AI and Data Governance – Regulatory Initiatives and Considerations,” International Institute of Communications Telecommunications and Media Forum, May 20, 2022.
- Author, “Virginia: Consumer and business concerns under CDPA enforcement,” OneTrust DataGuidance, May 7, 2021.