Kyle R. Fath

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.