Kyle Fath is counsel in the Data Privacy, Cybersecurity & Digital Assets Practice. Kyle has a unique blend of deep experience in advising companies on compliance with data privacy laws, drafting and negotiating technology agreements, and advising on the privacy, IT and IP implications of mergers and acquisitions and other corporate transactions. His practice has a particular focus on the ingestion and sharing of data by way of strategic data transactions, data brokers, and vendor relationships, the implications of digital advertising (as companies look toward the so-called “cookieless future”), and assisting clients through the build out of e-commerce and other global online platforms.
Kyle provides product and privacy counsel to digital media, adtech, e-commerce, restaurant/retail and various other types of companies, focusing on compliance with landmark privacy legislation, such as the California Consumer Privacy Act (CCPA) and the growing list of forthcoming U.S. privacy legislation, including the California Privacy Rights Act and Virginia’s Consumer Data Protection Act (VCDPA). In this capacity, Kyle works with organizations’ interdisciplinary teams (e.g., product, engineering, marketing, and sales), as well as their in-house lawyers and senior management, to proactively address and mitigate the risks arising out of day-to-day operations and long-term strategic plans, relationships with vendors and customers, collection, usage, and sharing of data, and the changing legal, regulatory and technology landscapes. Notably, Kyle has specific experience advising advertisers, publishers, and adtech companies through compliance with data privacy regulation and how to manage the various relationships with other players in the adtech ecosystem.
Kyle has drafted and negotiated hundreds of data processing agreements and technology agreements, including for licensing, data, and other strategic deals, adtech services, and IT services and outsourcing. Moreover, he develops online and other clickwrap agreements (e.g., terms of service and privacy policies, end-user license agreements (EULA) and API), and various other types of agreements.
In addition, Kyle works closely alongside business finance and M&A 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. In addition, 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.
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.
Privacy and Product Counseling
Advertising, Marketing, and Digital Media