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 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.
Privacy and Product Counseling
Commercial, Technology and Strategic Transactions
Advertising, Marketing and Digital Media
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.