Gary A. Kibel is a partner in the Technology, Digital Media & Privacy; Intellectual Property and Advertising, Marketing & Promotions Practice Groups of Davis & Gilbert. Mr. Kibel regularly counsels clients with respect to new media/advertising law; privacy and data security; and information technology matters.
Mr. Kibel advises interactive companies, advertising agencies, media providers and other commercial entities regarding transactions for interactive advertising, behavioral advertising, social networking, user-generated content, viral marketing, mobile marketing, gaming and other emerging products and services. In addition, Mr. Kibel also has extensive experience representing major wireless carriers in connection with cutting edge data, entertainment and information services.
Mr. Kibel is a Certified Information Privacy Professional (CIPP) and advises clients in many industries regarding privacy and data security issues, including, internal information security policies, contractual obligations and requirements, security breaches and incident responses, audits, cross-border data transfers and other matters in connection with an organization's collection, storage and use of data in all aspects of its business.
In addition, Mr. Kibel counsels both providers of information technology services and customers for such products and services regarding complex technology and intellectual property issues such as software and content licensing, enterprise technology implementations, consulting services, independent contractor relationships, outsourcing and development projects.
Mr. Kibel regularly conducts training sessions and provides internal presentations to both business and legal personnel on issues such as social media policies, privacy and information security practices and all hot topics in digital media.
Prior to becoming an attorney, Mr. Kibel was an information systems analyst in the Investment Banking Division of Merrill Lynch & Co.
Representative Engagements
· Managed rapid responses to security breaches for numerous clients, including coordinating consumer notifications, governmental reporting requirements and negotiations with customers and vendors.
· Counseled a major wireless company in connection with the development of the V CAST video on demand service and negotiations with numerous major media companies and content providers.
· Represented the leading online identity and background verification company in connection with the licensing and implementation of a user-screening service on MySpace.
· Represented one of the world's largest communication services groups in connection with the negotiation of a partnership with Yahoo and Right Media.
· Interactive marketing and privacy expert on the legal team in connection with WPP's acquisition of 24/7 Real Media.
Speaking Engagements
"Data Security Laws; Vendor Relationships; Social Media," New York City Bar Association: Privacy & Data Security Law: Mobile Services, Internal Security Practices & More, June 15, 2012
"Social Media & the Law: You Be The Judge," Likeable U Class of 2012 Conference, May 15, 2012
"Exit Strategies for Interactive Companies," Affiliate Summit West 2012, January 8-12, 2012
"Stop Stealing My Data," Data Management Summit, July 19, 2011
"Social Media PR in Regulated Industries: The Huge Promise and Frightening Pitfalls," Bulldog Reporter's Webinar: Social Media PR in Regulated Industries, May 26, 2011
"Social Media Opportunities & Risks to Financial Institutions - And Why Your Institution is Not Prepared," Social Media 3.0 Webinar, May 24, 2011
"Cloud Computing: Do the Risks Outweigh the Rewards?" NYC Metro InfraGard Members Alliance, April 13, 2011
"Managing Your Online Reputation," Search Engine Strategies Conference & Expo, March 21-25, 2011
"Internal Security Practices & Vendor Relationships," New York City Bar Association: Privacy & Data Security Law: Cloud Computing, Security Breaches & More, March 18, 2011
"Social Media - A Marketing Bonanza," Affiliate Summit West 2011, January 9-10, 2011
"Finding the Right Balance: Optimizing Social Media Efforts in Highly Regulated Industries," Council of Public Relations Firms' Client Advisory Group Program, September 16, 2010
"Master of Your Domain?" Affiliate Summit East 2010 Conference, August 15-17, 2010
"How to Navigate the Legal Waters of Social Media in the Financial Services Industry," Social Media for Financial Communicators Conference, June 16-18, 2010
"New FTC, FDA and SEC Social Media Rules: How to Manage Web 2.0 in Regulated Industries - Everything You Must Know about Compliance for Clients and Companies," Bulldog Reporter Audioconference, May 13, 2010
"Internal Security Procedures and Polices," New York City Bar Association: Privacy & Security Law, April 28, 2010
"Implementing an Effective Privacy Compliance Program," ACI: 23rd National Advanced Forum on Advertising Law, January 28, 2010
"Running a Network: Business, Legal & Practical," Affiliate Summit West 2010 Conference, January 17-19, 2010
"Mobile Search: A Driving Force," CTIA Wireless I.T. & Entertainment 2009 Conference, October 6, 2009
"Behavioral Marketing," International Association of Privacy Professionals: New York KnowledgeNet Meeting, February 9, 2009
Publications
Co-Author, "Seven Steps to Improved Security," Gamasutra, May 2, 2012
Co-Author, "Commercial Email with Falsified or Misrepresented Header Information Violates Anti-Spam Law," D&G Advertising, Marketing & Promotions Alert, April 2012
Author, "Final FTC Privacy Report Seeks New Laws, Supports 'Do Not Track,' Exempts Small Businesses, and Targets Data Brokers," D&G Advertising, Marketing & Promotions Alert, March 2012
Author, "Obama Administration Releases New Privacy Framework;Interactive Industry Responds to Calls for a "Do Not Track" Option," D&G Advertising, Marketing & Promotions Alert, February 2012
Author, "European Commission Proposes Comprehensive Reform of EU Data Protection Rules," D&G Advertising, Marketing & Promotions Alert, January 2012
Author, "Be It Snake Oil Or Social Media, Transparency is Recommended," PRWeek, January 2012
Author, "Facebook-FTC Settlement Resolves Multiple Privacy Complaints With The Dominant Social Network," D&G Advertising, Marketing & Promotions Alert, December 2011
Co-Author, "FTC Endorses New Privacy System for the United States and Asia-Pacific Region Regarding Cross-Border Data Transfers," D&G Advertising, Marketing & Promotions Alert, November 2011
Co-Author, "Stop Online Piracy Act: The Details," D&G Advertising, Marketing & Promotions Alert, November 2011
Co-Author, "ICANN Implements Plans to Expand Top-Level Domain Name Options," D&G Advertising, Marketing & Promotions Alert, September 2011
Co-Author, "Dot Com Disclosures: FTC Seeking Comments," D&G Advertising, Marketing & Promotions Alert, June 2011
Co-Author, "Are Your Prepared For A Breach?," SCMagazineUS.com, April 1, 2011
Co-Author, "Social Media, Games, Privacy, and Digital Identifiers," Privacy & Security Law Report, March 2011
Co-Author, "FTC Proposed Privacy Framework Sparks Action and Debate," D&G Advertising, Marketing & Promotions Alert, December 2010
Co-Author, "NLRB Challenges Facebook Firing," D&G Labor & Employment Alert, December 2010
Co-Author, "Newly Formed Digital Advertising Alliance Announces Self-Regulatory Program For Online Behavioral Advertising," D&G Advertising, Marketing & Promotions Alert, October 2010
Co-Author, "FTC Seeks Comments On Children's Online Privacy Protections," D&G Advertising, Marketing & Promotions Alert, April 2010
Author, "Implications of FTC Endorsement Guidelines," FeedFront Magazine, January 2010
Co-Author, "Compliance Date For Massachusetts' Data Security Regulations May Not Extend Past March 1, 2010," D&G Advertising, Marketing & Promotions Alert, November 2009
Co-Author, "Principles for Online Behavioral Advertising Released by Top Trade Groups," D&G Advertising, Marketing & Promotions Alert, August 2009
Author, "The FTC Red Flags Rule On Identity Theft: It May Apply To Your Business," D&G Advertising, Marketing & Promotions Alert, May 2009
Co-Author, "FTC Updates Online Behavioral Advertising Principles," D&G Advertising, Marketing & Promotions Alert, March 4, 2009
Author, "Privacy Concerns Grow As Marketers Flock to Social Networking," TRUSTe, May 2007
Press
Quoted, Law360.com, "FTC Targets Data Brokers, App Makers In Privacy Report," by Allison Grande, March 26, 2012
Quoted, Law360.com, "EU Data Privacy Revision To Serve As Global Guide," by Allison Grande, January 25, 2012
Quoted, Law360.com, "Privacy Legislation And Regulation To Watch In 2012," by Allison Grande, January 1, 2012
Interviewed, BloombergLaw.com," Facebook's FTC Privacy Settlement," by Lee Pacchia, December 8, 2011
Quoted, The Bureau of National Affairs Inc.: Privacy, "FTC-Facebook Settlement Reflects Broader Privacy Shift, Attorneys Say," by Alexei Alexis, December 2011
Quoted, The Wasington Post, "Drug Companies Lose Protections On Facebook, Some Decide To Close Pages," by Christian Torres, August 12, 2011
Quoted, The Bureau of National Affairs Inc.: Electronic Commerce & Law Report, "FTC-Google Pact: First Major Safe Harbor Action, First 'Privacy by Design' Requirement," by Amy Bivins, April 6, 2011
Quoted, DataGuidance.com, "USA: IAB Members Must Publicly Affirm Adherence To Self-Regulatory Privacy Principles," by Laura Wuerzer, March 10, 2011
Quoted, SCMagazineUS.com, "Google Sued for Data Collection via Wi-Fi," by Angela Moscaritolo, May 19, 2010
Quoted, SCMagazineUS.com, "Congressmen Propose Draft Online Privacy Bill," by Angela Moscaritolo, May 5, 2010
Quoted, The Firm Voice, "Striking a Balance with Social Media Rules: How to Manage Social Media in Regulated Industries for PR Clients," February 24, 2010
Professional Memberships/Affiliations
New York City Bar Association
International Association of Privacy Professionals