D. Reed Freeman Jr.

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 
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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 
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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 
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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
   
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Publications, Presentations & Recognitions

Publications

• “On the Road With Generative AI: Key Legal Considerations for the Automotive Industry,” Managing Automotive Blog (Jul. 26, 2023)

• “Data Scraping, Privacy Law, and the Latest Challenge to the Generative AI Business Model,” Privacy Counsel (Jul. 17, 2023)

• “Generative Artificial Intelligence, Automated User Interfaces, and the New Laws of Dark Patterns,” Privacy Counsel (Jun 29, 2023)

• “Generative Artificial Intelligence, Data Minimization, and the Gold Rush of the Early 2020s,” Privacy Counsel (Jun. 9, 2023)

• “What FTC’s Data Actions Say About Tracker Enforcement,” Privacy Counsel (May 10, 2023)

• “February Privacy Report: FTC Expands Its Use of “Unfairness” Authority in GoodRx Matter,” Privacy Counsel (Mar. 1, 2023)

• “2023 Resolution: Review & Update Your Privacy Program,” Privacy Counsel (Jan. 19, 2023)

• “December 2022 AFS Privacy Report: Pandora’s Virtual Try-On Tool Leads to BIPA Class Complaint,” Privacy Counsel (Dec. 12, 2022)

• “Class Action Year in Review: BIPA Class Actions,” Privacy Counsel (Dec. 9, 2022)

• “October 2022 AFS Privacy Report: California Privacy Protection Agency Releases Updated Draft Regulations Ahead of October 28-29 Board Meeting,” Privacy Counsel (Oct. 24, 2022)

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Presentations

• “Artificial Intelligence: The Emerging Regulatory Environment in the United States and What it Means for Email Marketers,” Email Innovations World 2024 Conference, Phoenix, AZ (June 7, 2024)
• “Overview and Update on Data Privacy Laws,” Hotel Lodging and Legal Summit, Washington, DC; with Jeffrey L. Poston, Crowell & Moring LLP, Courtney Ingraffia Barton, Vice President & Senior Counsel, Privacy & Data Security, Global Compliance, Marriott International, Inc., Jim Halpert, General Counsel, Office of the National Cyber Director, the White House (Oct. 26, 2023)
• “The Emerging Regulatory Environment for Generative Artificial Intelligence,” ESPC Fall Conference, Washington, DC (Oct. 24, 2023)
• “Hot Topics in Privacy Enforcement: Key Trends in FTC, State, and Private Enforcement,” Privacy + Security Spring Forum, Washington, DC; Presenters: Tracy Pulito, Global Privacy Counsel, IPG, and Michelle Bowling, Associate, ArentFox Schiff LLP (May 11, 2023)
• “Not All Risk Is Created Equal: Insight Into Privacy Enforcement Priorities For 2023,” Inbox Expo, Valencia, Spain (Feb. 27, 2023)

• “Hot Topics in Privacy Enforcement,” Privacy + Security Academy’s Spring Forum (May 11, 2023)

• “Illinois Supreme Court Holds That Every Unlawful Biometric Scan or Transmission is Separate BIPA Claim,” The National Law Review (Feb. 21, 2023)

• “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)

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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, 2024); Privacy and Data Security Law (2021–2025); Advertising Law (2009–2025)
• 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)
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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
   
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In The News

Reed has been quoted by a number of media outlets. This includes:

• FTC’s Health Privacy Efforts Raise Specter Of Litigation, Law360, June 8, 2023

• Legal Tech’s Predictions for Privacy in 2023, Law.com, January 17, 2023

Life Beyond the Law

Outside of work, Reed enjoys fishing on mountain streams in Virginia’s Blue Ridge Mountains.