D. Reed Freeman Jr.

Partner
With nearly 30 years of experience in data privacy, data security, and FTC defense, Reed brings a mastery of the law and unparalleled experience to bear for the firm’s clients.
Reed Freeman, Partner, ArentFox Schiff

A recognized authority in privacy, data security, and FTC defense, Reed brings a mastery of the law and unparalleled experience to bear for the firm’s clients. He has represented clients in scores of FTC investigations involving privacy, data security, and advertising matters. He also defends companies in state consumer protection investigations and data breach responses. He regularly advises clients on compliance with international and domestic privacy laws and advises on compliance with advertising laws and rules. 

Additionally, Reed counsels clients in developing globally compliant privacy policies; navigating privacy and security issues that arise in mergers, acquisitions, and other transactional matters; and defending against false advertising disputes. His clients span an array of industries, including retail, hospitality, financial services, technology (both software and hardware), and advertising, as his clients include publishers, application developers, data aggregators, trade associations, industry coalitions, and advertising companies.

Early in his career, Reed served as a staff attorney in the FTC’s Bureau of Consumer Protection. In addition to his time in government and private practice, Reed also worked in-house as chief privacy officer and vice president for legislative and regulatory affairs for an online advertising company. 
 

Client Work

Privacy

  • Represented a technology company in an FTC privacy investigation 
  • Represented a DNA/Genealogy company in an FTC privacy investigation 
  • Represented an adtech company in an FTC privacy investigation regarding cookieless tracking technologies 
  • Represented a developer of a widely distributed app in an FTC privacy and data security investigation 
  • Represented an online advertising technology vendor in an FTC investigation involving the collection and use of GPS data 
  • Represented a major hardware and software maker in an FTC investigation regarding the use of cookieless tracking technologies 
  • Negotiated a favorable settlement for a privacy services company in an FTC investigation 
  • Defended a food and beverage company against a Children's Online Privacy Protection Rule (COPPA) investigation 
  • Defended a mobile application against an FTC privacy investigation 
  • Defended a client in an FTC investigation regarding the use of cookies
  • Negotiated a favorable settlement in an FTC COPPA case involving online virtual worlds 
  • Defended an online services company in an FTC investigation 
  • Defended an online retailer against an FTC privacy investigation 

Information Security

  • Represented a technology company in an FTC data security investigation 
  • Represented a major retailer in an FTC data security investigation 
  • Negotiated a favorable settlement for a hardware and software manufacturer 
  • Negotiated a favorable settlement in an FTC investigation of an application's security practices 
  • Represented a major software company in a data security investigation 
  • Defended a professional services company against a detailed investigation following a large breach 

Advertising

  • Represented a technology company in an FTC advertising investigation 
  • Representing a large manufacturer in an FTC advertising investigation 
  • Represented a major hospitality company in a state attorney general investigation 
  • Negotiated a favorable settlement for a consumer services company 
  • Negotiated a favorable settlement in an FTC advertising investigation of a clothing manufacturer 
  • Defended a client against an FTC investigation relating to recent amendments to the Telemarketing Sales Rule
  • Negotiated a favorable settlement in an FTC negative option marketing case 
  • Negotiated a favorable settlement of the FTC's first online incentive marketing case 
  • Defended a client against a "Made in USA" investigation 

General Counseling Work

  • Advise clients on compliance with US state privacy laws in California, Colorado, Connecticut, Nevada, Utah, and Virginia
  • Advise clients on compliance with privacy laws around the globe and GDPR compliance
  • Assisted a client in the development of a consumer-facing privacy resource center
  • Assisted an online marketplace in creating a privacy resource center for use by employees throughout the organization
  • Assisted with the development of a cross-device advertising cooperative
  • Assisted multiple companies in connection with internet-based advertising, multi-site advertising, cross-app advertising, and cross-device tracking
  • Assisted a major retailer with affiliate marketing compliance across multiple affiliates
  • Defended an online advertising company and a major pharmaceutical company in a CBBB Accountability Program investigation under Digital Advertising Alliance (DAA) Principles for the Self-Regulation of Online Behavioral Advertising
     

Publications, Presentations & Recognitions

Presentations

  • “Back to the Future: Navigating the Most Aggressive FTC in Over 40 Years,”2022 IAPP Privacy. Security. Risk. Conference, Austin, TX (Oct. 2022)
  • “The Regulation of Online and Mobile Tracking a Targeting Globally in 2022,” IAPP Global Privacy Summit (2022) 

  • “Operationalizing Individual Rights,” IAPP CCPA Comprehensive Live Online (2019)

  • “CCPA and Its Progeny: States Take Control While Congress Weighs a Broad New Law,” IAPP Privacy. Security. Risk. (2019)

  • “Fireside Chat with Andrew Smith, Director, FTC Bureau of Consumer Protection,” IAPP Global Privacy Summit (2019)

  • “The EU ePrivacy Regulation: Current Status and New Expectations for AdTech,” IAPP Privacy. Security. Risk. (2018)

  • “Tracking and Profiling in 2017, 2018, and Beyond: EU, USA, and Asia,” IAPP Privacy. Security. Risk. (2017)

Recognitions

  • Chambers USA - Privacy and Data Security (Band 1), Nationwide (2008-Present); Spotlight Table, Privacy & Data Security: ADTECH, Nationwide 
  • Chambers Global - Privacy and Data Security (Band 1), USA 
  • Legal 500 - Media, Technology and Telecoms – Cyber Law (including data privacy and data protection) (2016-2022)
  • The Best Lawyers in America - Lawyer of the Year, Privacy and Data Security Law, Washington, DC (2021); Privacy and Data Security Law (2021–2023); Advertising Law (2009–2023)
  • Client Service All-Star, BTI Consulting Group (2022)
  • Super Lawyers - Administrative Law, Washington, DC
  • Best of the Best, Privacy and Data Protection, Global, Expert Guides (2021)
  • Best of the Best, Privacy and Data Protection, USA, Expert Guides (2021)
  • Law360 Distinguished Legal Writing Award, Burton Foundation (2019) (Awarded for co-authoring "Monitoring Mobility—The Current and Future Regulatory Landscape for Advanced Automotive Tech")
  • Trailblazer, Regulatory & Compliance, National Law Journal (2015)
  • Top Attorney, Cybersecurity, Washingtonian (2015)
  • FTC Compliance Lawyer of the Year, Washington, DC, Corporate International Magazine (2017)

Boards, Memberships & Certifications 

Memberships

  • International Association of Privacy Professionals, Privacy Bar Section Advisory Board, Member
  • Department of Homeland Security, Data Privacy and Integrity Advisory Committee, Former Member

Certifications

  • Certified Information Privacy Professional, International Association of Privacy Professionals (IAPP) 

Professional Activities

  • Staff Attorney, Bureau of Consumer Protection, Federal Trade Commission
  • Westin Emeritus Fellow, International Association of Privacy Professionals (IAPP)
  • Fellow, Ponemon Institute
  • Fellow, American Bar Foundation
  • Former Adjunct Professor, Privacy and Advertising Law, George Mason School of Law
     

Life Beyond the Law

Outside of work, Reed enjoys fishing on mountain streams near his farm in Madison County, Virginia.