Darren J. Abernethy

Experience: Representative Matters: Represented a national retailer in a California Privacy Protection Agency enforcement investigation and settlement process, including responses to investigative subpoenas, presentations and negotiations with enforcement staff, and assistance in relation to websites, mobile application tracking technologies, consent management tools, Global Privacy Control, and employee and loyalty program privacy disclosures.; Led key advertising technology and technical workstreams for a consumer health technology company responding to an FTC civil investigative demand (CID) following a security incident, including reconstructing data flows, reviewing third-party advertising contracts and responding to various regulator evidentiary requests.; Counsel a global mobile advertising platform on cross border, controller-to-controller data terms and demand-side platform partner negotiations under Brazil's LGPD.; Represented international commerce brands and national insurance companies in cybersecurity investigations involving the New York Attorney General, New York Department of Financial Services, and other state attorneys general, including negotiating proposed assurances of discontinuance and consent order provisions.; Counsel companies across the retail, hospitality, technology, entertainment, health, and consumer services sectors in responding to CIPA and related website-tracking claims involving advertising pixels, session replay tools, chatbots, third-party cookies, and pen register theories, as well as implementing consent and tracking technology risk mitigation measures.; Develop and revise AI governance and security policies, generative AI acceptable use policies, AI vendor review standards, contract review checklists, product disclosures, early adopter agreements, and licensing terms for AI-enabled products and services.; Advise global logistics companies, connected TV operating systems, and others on the DOJ 'Bulk Data Transfer' Data Security Program and Executive Order 14117, including assessing prohibited and restricted transactions, potential exemptions, cross border employee and customer support access, contractual restrictions, CISA security requirements, and operational compliance plans.; Advise a global consumer intelligence company on data licensing arrangements, data commercialization, deidentification, consent, and compliance with state data broker laws.; Design multi-state biometric privacy programs for employers deploying fingerprint and facial recognition systems, including consent forms, retention and destruction policies, vendor and staffing agency agreements, employee request responses, cross border access restrictions, and related litigation considerations.; Advise global video gaming and app developers on monetization strategies, contractual protections, loyalty programs, and strategic programmatic advertising partnerships.; Lead data privacy, IT and cybersecurity diligence, negotiations and interfacing with deal partners and representations and warranties insurance underwriters for hundreds of mergers and acquisitions deals and other fundamental corporate transactions.; Advise companies on Telephone Consumer Protection Act (TCPA) compliance matters in relation to the sending of messages and telephone calls through an auto-dialer, including in relation to HIPAA, state call recording statutes, the CAN-SPAM Act, 'Do Not Call' requirements, lead generation rules, AI transparency laws, and local equivalents to the TCPA.; Professional Certifications: International Association of Privacy Professionals (IAPP) Artificial Intelligence Governance Professional Certification (AIGP), 2026; IAPP Privacy Certifications; U.S. Private-Sector (CIPP/US), 2014; Certified Information Privacy Manager (CIPM), 2015; Certified Information Privacy Technologist (CIPT), 2016; IAPP Fellow of Information Privacy (FIP), inaugural class 2016; Asia (CIPP/A), 2017; Canada (CIPP/C), 2017; Europe (CIPP/E), 2017; U.S. Government (CIPP/G), 2018; IAPP-ABA Privacy Law Specialist, inaugural class 2019