Kyle Fath is a partner in the firm’s Data Privacy, Cybersecurity & Digital Assets Practice, which has achieved an Elite ranking from Global Data Review. Kyle is a trusted advisor to global companies in a variety of industries on the ever-shifting data privacy regulation landscape. He has an exceedingly rare combination of deep, substantive knowledge of both data privacy and IP, alongside a wealth of experience in commercial and technology transactions. In addition to turning to Kyle for assistance with the development and implementation of privacy programs, clients can – and frequently do – turn to him for structuring the IP, commercial and privacy aspects of strategic transactions involving data, technology and other digital assets. Kyle’s practice is frequently at the forefront of both technology and emerging legal issues, including digital advertising and the cookieless future, nonfungible tokens (NFTs) and other web3 technology and artificial intelligence (AI).

Kyle has counseled hundreds of companies through the development of privacy compliance and data governance programs, including under landmark privacy legislation, such as the California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA) and the growing list of US state privacy legislation (Colorado, Connecticut, Utah and Virginia).

Kyle advises a client base that spans a variety of industries, including digital media and online publishing, AdTech, e-commerce, restaurant/retail, retail media, consumer packaged goods, automotive, logistics and transportation, gaming, health tech, B2B software as a service (SaaS) and others. In addition to omnibus consumer privacy laws, Kyle has significant experience providing product counseling in respect of use cases with heightened litigation and regulatory risk, including under the Illinois Biometric Information Privacy Act and other biometrics laws, Telephone Consumer Privacy Act (TCPA), Video Privacy Protection Act, and state eavesdropping, wiretapping and surveillance laws, as well as with respect to regulation of unfair and deceptive acts and practices under state laws and the Federal Trade Commission.

Kyle has structured, drafted and negotiated hundreds of agreements, ranging from strategic deals involving data, technology or other digital assets, to vendor agreements involving various SaaS, AdTech and other services. In addition, a significant aspect of Kyle’s practice includes assisting clients through the build out of global online platforms e-commerce, B2B Saas and other global online platforms, including the drafting of various website and product terms, terms of use, terms of service, application programming interface (API) terms, privacy policies, and other online contracts, documents and notices.

Kyle is an authority on digital advertising issues, and regularly advises a variety of companies on data privacy compliance and commercial transactions in the space. With his deep and intimate understanding of complex digital advertising data flows, and industry knowledge on topics such as the so-called “cookieless future,” Kyle is able to advise a range of clients on these issues, from companies with a growing understanding of business issues and privacy risks, to privacy and product teams at AdTech companies with sophisticated, expert-level knowledge on these topics (including compliance with the Network Advertising Initiative (NAI) Code of Conduct). Kyle contributes a significant amount of thought leadership on digital advertising issues, and serves on working groups and committees for leading industry organizations, including the NAI, Interactive Advertising Bureau (IAB) and the Association of National Advertisers (ANA).

In addition, Kyle works closely alongside business finance and mergers and acquisitions lawyers to help close deals. He drafts and negotiates ancillary agreements to deals, including IP, data and technology licenses, as well as the IT, IP and data privacy provisions of purchase and similar agreements. Kyle provides due diligence and assesses and advises on the risks related to IT, IP and data assets involved in private equity and other financing deals, stock and asset purchases, mergers and other transactions.

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Privacy and Product Counseling

  • Advised on, developed and implemented California Consumer Privacy Act compliance programs for dozens of US and global organizations including comprehensive data mapping; drafting of privacy notices; implementation of consumer rights requests response procedures; and management and classification of vendors and other data recipients. 
  • Artificial Intelligence:
    • Advised artificial intelligence (AI) firm on privacy, IP and general regulatory risk associated with (1) scraping data, information and online content; (2) using and manipulating scraped materials for training AI models; and (3) using AI models trained on scraped materials for generation and inferences.
    • Developed AI governance programs for global organizations, including AI and algorithmic assessments and guidance for business stakeholders.
    • Advised on the composition of AI ethics and governance boards.
  • Biometrics Privacy and Product Counseling:
    • Advised content hosing and editing platform on risk of potential voice and facial recognition features, and AI/machine learning features.
    • Counseled retail chains on the risks of implementation of “smart coolers” and automated checkout and security applications involving object detection.
    • Developed novel cookie and AdTech vendor diligence and remediation processes for addressing CCPA implications of digital advertising.
    • Developed dozens of bespoke data processing agreement templates, including for AdTech and other complicated use cases (including controller/business to controller/service provider; controller/business to processor/service provider; controller/business to controller/business; business to service provider; controller to controller; controller to processor). 
    • Counseled publishers, advertisers and AdTech companies on implementation of IAB and DAA CCPA “Do Not Sell” frameworks and big tech data use limitation features.
    • Worked with companies to implement privacy-by-design procedures.
    • Advised on, developed and implemented EU General Data Protection Regulation (GDPR) compliance programs for US and international organizations, including consent mechanisms for cookies and online behavioral advertising, and email and text message (SMS) marketing; record-keeping/data mapping; applicability analysis; data transfer mechanisms, including drafting and negotiating scores of data protection addendums, advising on the now-defunct EU-US Privacy Shield, Standard Contractual Clauses, intercompany agreements; GDPR compliant privacy policies; and various other GDPR compliance issues.
    • Counseled companies through the fallout of the Schrems II decision.

Commercial, Technology and Strategic Transactions

  • Played key role in development of prominent podcast producer’s rollout of a global subscription platform and mobile application, including negotiation of agreements with back-end technology vendors, revising user flow, terms of use and privacy policy, and advising on privacy and advertising compliance in relation to marketing of the platform.
  • Developed template provisions for procurement and licensing of AI technology for a number of global organizations, including provisions to address responsible and ethical AI principles and compliance with laws and regulations (including privacy laws and the forthcoming EU AI Act).
  • Negotiated dozens of agreements with data brokers and data match vendors. 
  • Drafted a strategic alliance agreement between an AdTech client and competitor for provision of joint advertising services on leading video-sharing platform.
  • Developed numerous online terms of service, end-user license agreements, terms of sale/subscription and privacy policies for a variety of clients, including an educational technology and content provider, a high-end retail company, a digital media publisher and one of the world’s largest mobile app developers.
  • Advised on IP, IT and data privacy issues, and performed due diligence, on M&A, financing and other transactions for clients in software, financial services, digital media, edtech and other industries.
  • Drafted and negotiated various IT, cloud, SaaS and outsourcing agreements for a variety of clients, including numerous restaurant and retail chains, and an emerging company offering a mobile application and online platform for cannabis brands and dispensaries.
  • Counseled liquor brand in M&A transaction related to its use of a famous bootlegger’s name and likeness.
  • Drafted ancillary agreements to M&A and other transactions, including technology, data, and IP license and license-back agreements.

Advertising, Marketing and Digital Media

  • Participated in a number of working groups with the Interactive Advertising Bureau, including in relation to development of its CCPA framework, an ad industry survey measuring CCPA compliance and adoption of the opt-out framework, and cross-jurisdictional privacy project for developing a global privacy string for use in digital advertising transactions.  
  • Advised a medical advertising company on an ad campaign involving geotargeting around medical clinics. 
  • Drafted and negotiated numerous documents in relation to a client’s participation in joint venture with other major cable and telecommunications companies for national addressable (i.e., interest-based) and linear advertising campaigns. 
  • Counseled clients on compliance with marketing laws and regulations including CAN-SPAM and the TCPA.
  • Advised clients on protections offered by Communications Decency Act, including an online cannabis sales and delivery platform for brands and dispensaries. 
  • Developed and implemented Digital Millennium Copyright Act takedown policies and procedures for numerous publishers, including a prominent educational technology company.
  • Drafted and negotiated numerous content creation (e.g., podcasts and other media, websites, etc.) agreements and IP licenses and assignments.


  • Washington University School of Law, J.D., 2012
  • University of Cincinnati, B.S., 2009


  • California
  • New York
  • Ohio
  • New York Metro Super Lawyers Rising Star, 2020

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Kyle has provided pro bono legal services to a number of organizations, including an organization supporting women nonfiction filmmakers, an international nonprofit that trains and supports people using video in their fight for human rights and a New York City-based nonprofit using media, arts and technology to address human rights issues.

  • Co-Presenter, “AI and Biometrics Privacy: Trends and Developments,” IAPP, June 2, 2022.
  • Co-Presenter, “2022 NFTs Conference,” Federal Bar Association/MyLawCLE, January 31, 2022.
  • Co-Presenter, “Ad-Tech for 2022 – What You Need to Know,” Privacy OC’s PrivacyNext Summit 2022, January 26, 2022.
  • Presenter, “Vendor and Processor Management and Risk,” SW Ohio ACC, December 2, 2021.
  • Presenter, “Navigating the Cookieless Future,” IAPP Privacy.Security.Risk Conference, October 21, 2021.
  • Co-Presenter, “AdTech Considerations Under CCPA and CPRA,” Webinar, February 18, 2021.
  • Co-Presenter, “The Future of Data Privacy Automation,” Privacy OC Privacy Week virtual conference, January 27-28, 2021.
  • Co-Author, “Third-Party & Vendor Management Considerations for CPRA Compliance,” LACBA, January 19, 2021.
  • Speaker, “What CCPA 2.0 Will Mean for Businesses and Consumers,” IAPP KnowledgeNet Cincinnati Chapter, January 13, 2021.
  • Speaker, “The California Consumer Privacy Act and the Forthcoming California Privacy Rights Act,” online Business Law Institute presented by the Ohio State Bar Association, December 10, 2020.
  • Co-Author, “California: What CPRA Will Mean for Businesses, Consumers, and US Privacy Landscape,” One Trust/Data Guidance, November 2020.
  • Co-Author, “Guide: United States: Data Protection & Cyber Security,” The Legal 500, June 2019.

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