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| Phone: (202) 342-8880 |
Fax: (202) 342-8451 |
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Reed Freeman is a partner in the firm's Washington, D.C. office. He focuses his practice on all aspects of consumer protection law, including online and offline privacy issues, data security and breach notification, online and offline advertising review and competitor challenges, and direct marketing.
Mr. Freeman advises clients on compliance with a wide range of consumer protection issues, including compliance with Section 5 of the Federal Trade Commission (FTC) Act and similar state laws; FTC and state trade regulations issues, including the Children’s Online Privacy Protection Act (COPPA), Gramm-Leach-Bliley Act (GLBA), CAN-SPAM Act, Telemarketing Sales Rule (TSR) and "do not call" rules, and security regulations and database breach notification laws. He also counsels clients on the uses of Radio Frequency Identification (RFID) and similar technologies, behavioral marketing, and direct marketing list management.
Mr. Freeman assists clients with the creation and evaluation of compliance programs for local, state, federal and international laws regulating the collection, use and disclosure of consumers' and employees' personally identifiable information. He also drafts privacy policies, Web site terms of use, and agreements concerning data uses and list management.
Mr. Freeman serves as lead counsel in FTC and state consumer protection investigations and negotiations. He also represents clients in false advertising disputes in federal court under the Lanham Act and similar state laws, and before the National Advertising Division (NAD) of the Council of Better Business Bureaus, Inc. and the National Advertising Review Board (NARB).
Mr. Freeman's representative clients include: major retailers; a large dietary supplement marketer; a leading online travel seller; a leading Web analytics company; leading hardware and software manufacturers; innovative behavioral advertising companies; a leading data aggregator; a leading national bank; a market-leading mobile advertising company; a leading online marketplace; leading manufacturers of building supplies and clothing; online entertainment providers; a leading software-as-a-service provider; social media sites and their advertisers; a leading online employment marketplace; and an online privacy Web seal provider.
Previously, Mr. Freeman served as chief privacy officer and vice president for legislative and regulatory affairs at Claria Corporation. He also has served as staff attorney in the FTC's Bureau of Consumer Protection and was a law clerk for U.S. District Judge Claude M. Hilton (E.D. Va.).
Mr. Freeman is a frequent author and speaker on privacy, data security and advertising law topics. He has held several editorial positions, including editor-in-chief of the Privacy and Information Security News email alert (2002-2004; 2006-present); editor-in-chief of IAPP Privacy Tracker, a suite of weekly emails, a monthly newsletter, and monthly conference call on state legislative developments relating to marketing and privacy (2008-present); and a member of the editorial board of the Annual Review of Antitrust Law Developments (2003-2005). |
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Representative Experience:
Representing a behavioral advertising company in connection with a purported class action alleging that the company violated the Federal Electronic Communications Privacy Act, Computer Fraud and Abuse Act, California's Invasion of Privacy Act and other California law in connection with ISP-based behavioral targeting trials (2009).
Assisted an online marketplace in creating a privacy resource center for use by employees throughout the organization (2009).
Successfully defended a client in settlement of an FTC negative option marketing case (2009).
Assisted a major retailer with an analysis for privacy compliance, cataloging every applicable privacy law in the United States to identify compliance gaps (2008).
Assisted a major hotel chain with international privacy law advice relating to video monitoring.
Represented multiple clients in meetings with the FTC prior to the 2007 Behavioral Marketing Town Hall meetings.
Defended a client in an NAD referral to the FTC; investigation closed (2007).
Defended a client in a "Made in USA" investigation; investigation closed (2007).
Negotiated a favorable settlement of the FTC's first online incentive marketing case (2007).
Defended a list marketer in an FTC "assisting and facilitating" case under the Telemarketing Sales Rule, achieving successful settlement (2004).
Defended a client in an FTC investigation of behavioral advertising practices; investigation closed (2004).
Negotiated a favorable settlement in one of the FTC's first information security cases.
Negotiated a favorable settlement in one of the FTC's first COPPA cases. |
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Honors and Awards:
Named one of the top five individual "global experts on data privacy and protection" in a survey published by Computerworld magazine, 2008.
Selected as one of The Best Lawyers in America in the Advertising Law area by America Lawyer Media, 2009.
Ranked in the 2008 and 2009 editions of Chambers USA as one of the country's leading practitioners in the privacy & data security area.
Listed in The Legal 500 US in the Marketing and Advertising Law area, 2008 and 2009, as well as the Data Protection and Privacy area, 2009. |
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Memberships and Associations:
International Association of Privacy Professionals, Board of Directors (2007-present)
Department of Homeland Security, Data Privacy and Integrity Advisory Committee (2005-present)
International Association of Privacy Professionals, Educational Advisory Board |
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Community Activities:
Arlington Little League, Board of Directors |
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Professional Activities:
Certified Information Privacy Professional by the International Association of Privacy Professionals |
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Publications:
Books
CCH Advertising Law Guide (two-volume set with treatise-style explanation and relevant statutes, regulations, and enforcement documents. Published in May 2000; co-authored with Lewis Rose.)
CCH Privacy for Marketers (Book with treatise-style explanation and relevant statutory regulations, and enforcement documents. Published in Summer 2007; co-edited with J. Trevor Hughes, Executive Director of the International Association of Privacy Professionals.)
Editorial Positions
Editor-In-Chief, daily Privacy and Information Security News email alert (2002-2004; 2006-present).
Editor-In-Chief, IAPP Privacy Tracker (suite of weekly emails, a monthly newsletter, and a monthly conference call on state legislative developments relating to marketing and privacy (2008-present).
Editorial Board, Annual Review of Antitrust Law Developments (Responsible for chapters updating Section 5 of The FTC Act as a Consumer Protection Law (2003-2005).
Articles
"Privacy and Information Security Developments in the First Third of 2009: Key Developments and What They Suggest for the Upcoming Months,"BNA Privacy & Security Law, Volume 8, Number 18, May 4, 2009.
"The Self-Regulation of Behavioral Advertising in 2009," IAPP Privacy Tracker, Volume 2, Number 3, March 2009, with Christopher Loeffler.
"Interview with MediaPost’s Steve Smith: ‘Privacy, Policy And The FTC,’" Behavioral Insider (March 2008).
"FTC Staff Proposal Raises the Bar for Behavioral Advertising," E-Commerce Law & Strategy, Vol. 24, No. 11 (March 2008).
"Federal Trade Commission Holds Town Hall Meeting on Behavioral Targeting," (co-authored with Alysa Zeltzer Hutnik)Privacy and Data Security Law Journal Vol. 3, No. 1 (December 2007).
"Federal Trade Commission and Banking Authorities Issues Identity Theft and 'Address Discrepancy' Rules," (co-authored with Alysa Zelter Hutnik) Privacy and Data Security Law Journal Vol. 3, No. 1 (December 2007).
"Privacy and the Future of Behavioral Marketing, Part II," iMedia Connection, (December 16, 2004).
"Privacy and the Future of Behavioral Marketing, Part I," iMedia Connection, (December 15, 2004).
"CAN-SPAM Act Causes Problems for Legitimate e-Mail Marketers; FTC Rulemaking May Provide Forum for Clarification and Changes," Antitrust Magazine, Volume 18, No. 2 (Spring 2004).
"CAN-SPAM Act: A Compliance Challenge," ECommerce Law and Strategy, Volume 20, No. 9 (January 2004).
"California's New Online Privacy Notice Law: A Signal Of Legislation to Come or Vestige of Outdated Thinking on Privacy?" (co-authored with Alysa Zeltzer), Privacy Officers Advisor, (November 2003).
"Importance of Encryption and Planning," ECommerce Law and Strategy, Volume 20, No. 3 (July 2003).
"MonsterHut Decision: Weapon of Mass Destruction?" ECommerce Law and Strategy, Volume 18, No. 11 (March 2003).
Information Security For In-House Counsel: Reducing the Risk of Liability from Hacks, Attacks, and Other Threats to Information Security (monograph published by the National Legal Center for the Public Interest) (December 2002).
"Information Security, Part Three: Legal Options Available When Your Site Has Been Hacked," ECommerce Law and Strategy, Volume 19, No. 2 (August 2002).
"Information Security, Part Two: Protecting Against Lawsuits by Regulators, Business Partners and Consumers for Security Breaches," ECommerce Law and Strategy, Volume 19, No. 2 (July 2002).
"Information Security, Part One: Security Begins With Hiring Reliable Employees," ECommerce Law and Strategy, Volume 18, No. 12 (April 2002).
"Listing Towards Privacy: List Brokers and Owners May Be the Government's Next Targets in Its Crusade Against Spam," PROMO Magazine (May 2002). |
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Client Advisories:
"FTC Approves Final Consent Order on Mortgage Company's GLBA Violations," June 19, 2009
"FTC Settles With Sears Over the Company's Online Tracking Software," June 17, 2009
"FTC Issues Staff Report on Mobile Commerce Marketing," April 24, 2009
"FTC Seeks Comments on Proposed Health Breach Notification Rule," April 21, 2009
"FTC Chairman Appoints New Director of the Bureau of Consumer Protection," April 16, 2009
"FTC and Department of Health and Human Services Settle with CVS over Allegations that the Company Failed to Protect the Privacy of Customer and Employee Personal Information," February 27, 2009
"President Obama Plans to Appoint Jon Leibowitz Chairman of the FTC," February 27, 2009
"FTC Staff: Principles for Self-Regulation of Online Behavioral Advertising," February 20, 2009
"Massachusetts (Again) Revises the State's Data Security Regulation; Compliance with Entire Regulation Extended Until Jan. 2010," February 17, 2009
"FTC Settles With Computer Company Over Data Breach Charges," February 09, 2009
"FTC Files Data Security Complaint Against Mortgage Broker; Reminder Of Increased Regulatory Scrutiny Of Businesses’ Data Security Practices," January 23, 2009
"Extension Provided for Compliance with New Massachusetts Data Security Regulation -- Tiered Compliance Dates Now in Effect," November 18, 2008
"UK Privacy Regulator Granted More Authority: Further Enforcement of Business' Data Security Practices Is Likely," November 12, 2008
"New FTC Data Breach Settlement Involving Individual Liability and Vendor Controls; NY Releases Data Security Business Guidance," November 07, 2008
"Massachusetts Releases Business Guidance on Compliance with the State’s New Data Security Regulation," November 04, 2008
"New Massachusetts Data Security Requirements Go Into Effect In January 2009," October 02, 2008
"FTC Reauthorization Act of 2008," April 11, 2008
"FTC Issues Affiliate Marketing Rule Under FACTA," December 26, 2007
"FTC Proposes Online Behavioral Advertising Privacy Principles," December 26, 2007
"FTC Issues Identity Theft and Address Discrepancy Rules," November 28, 2007
"Federal Trade Commission Holds Town Hall Meeting on Behavioral Targeting," November 12, 2007
"TCPA Does Not Preempt State Telemarketing Statutes," May 09, 2007
"FTC's Workshop on Negative Option Marketing," February 02, 2007
"Endorsements and Testimonials in Advertising: FTC Request for Comments," January 19, 2007
"Novel Class Actions Seek Application of California Eavesdropping Law to Ordinary Course of Business Telephone Monitoring and Recording," November 10, 2006
"New State Privacy Laws: Regulating the Use of Social Security Numbers and Requiring Wireless Security Warnings," October 10, 2006
"House Judiciary Committee Passes Data Security Bill," May 30, 2006
"FTC Settles Privacy Case With Nations Title Agency," May 16, 2006
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Speaking Engagements:
Data Protection: Safe Harbor and Practical Implementations, 6th Annual Privacy & Data Protection Conference, “Data Protection: Global Compliance Management,” London, England, July 9, 2009.
Back to the Future: Old Laws and New Technology, The International Association of Privacy Professionals Summit, Washington, DC, March 11-13, 2009.
Growing Momentum for Electronic Communication Privacy Regulation and Legislation: What to Expect from the Next Congress, Federal Agencies, States and Courts, Presented by Kelley Drye, Washington, DC, October 22, 2008.
Behavioral Advertising, Conference Board Council of Chief Privacy Officers, Orlando, Florida, September 24, 2008.
Marketing and Technology: Where Are We Headed?, IAPP Academy, Orlando, Florida, September 22-23, 2008.
FACT ACT Affiliate Marketing Rules, The Knowledge Congress (webinar), September 9, 2008.
Data Security and Privacy: Keeping Your Compliance Checklist On-Track, Presented by Kelley Drye, Chicago, IL, July 16, 2008.
Privacy and Security Risks in Online Marketing, PLI's 9th Annual Institute on Privacy and Security Law, June 2008.
Description, Status, and Significance of Connecticut and New York Online Marketing Bills, IAPP Tracker Monthly Conference Call, May 8, 2008.
Ad Law 101,Email Service Provider's Coalition, May 7, 2008.
Spies Like Us: Behavioral Marketing – Wanting it, Needing it, and Doing it Without Triggering Regulatory Scrutiny, American Conference Institute E-Summit: Legal Strategies for Doing Business Online in a Global Environment, San Francisco, CA, April 24, 2008.
Mobile Marketing and Consumer Generated Content, Technology and Marketing Committee of the Westchester/Fairfield (WESFACCA) Chapter of the American Corporate Counsel Association, Stamford, CT, April 9, 2008.
Rethinking the Definition of "PII" and the Self-Regulatory Scheme in Today's Online Environment, International Association of Privacy Professionals Summit, Washington, DC, March 27, 2008.
Moderator, Behavioral Targeting: The Road Ahead, International Association of Privacy Professionals Summit, Washington, DC, March 26, 2008.
Data Security and Privacy: Keeping Your Compliance Checklist On-Track, Presented by Kelley Drye, Vienna, VA, October 30, 2007.
Emerging Enforcement Trends in Online Marketing, International Association of Privacy Professionals Academy, San Francisco, October 22, 2007.
Withstanding FTC and State Scrutiny of Emerging E-Marketing Practices, 2nd Annual Corporate Counsel Forum on E-Marketing and Privacy Law, New York, July 18, 2007.
Where Regulators Stand: Increased Responsibility Requirements for Advertising and Marketing, 19th National Corporate Counsel Forum on Advertising Law, Las Vegas, Nevada, June 5-6, 2007.
Avoiding Liability for the Actions of Business Affiliates Under New Heightened Standards, Advertisers' and Marketers' Regulatory Summit, American Conference Institute, Washington, May 1-2, 2007.
Monitoring and Oversight of Parties / Business Partners to Mitigate Risk, Privacy and Security of Consumer Information, American Conference Institute, January 30-31, 2007.
Privacy and Information Security: Enforcement Trends and Best Practices, ABA Consumer Protection Conference, January 29-30, 2007.
Some Traditions Always Change – Direct Marketing: Snail Mail, CAN-SPAM, Do Not Call, Do Not Fax, ANA Advertising Law & Business Affairs Conference, New York, NY, January 17-18, 2007.
December 2006 Privacy Update, Monthly Teleseminar Presented by ABA Privacy and Information Security and Corporate Counseling Committees, December 14, 2006.
Where the Regulators Stand – Increased Responsibility Requirements for Advertising & Marketing, Advertising Law Conference, American Conference Institute, New York, December 5-6, 2006.
Axentis Webinar on Pretexting, November 9, 2006.
Master Class on Drafting Critical Online Policies and Disclosures and Creating Internal Compliance Guidelines, Retail Counsel’s Summit on E-Sales & Marketing Law, American Conference Institute, New York, October 4-5, 2006.
Compliance with CAN-SPAM, American Marketing Association, September 26, 2006.
Identifying Ads that Contradict Regulatory Schemes and Avoiding Common Claim Substantiation Pitfalls, Advanced Corporate Counsel Forum on Advertising Law, Chicago, June 21, 2006.
Co-chair, Advanced Corporate Counsel Forum on Advertising Law, American Conference Institute, June 2006.
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Bar Admissions:
District of Columbia, 1999
Virginia, 1993
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Courts:
U.S. District Court – Eastern District of Virginia |
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| Education:
University of Virginia School of Law, J.D., 1993
University of Richmond, B.A., 1990
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Office Location:
Washington Harbour, Suite 400
3050 K Street, NW
Washington, D.C. 20007-5108
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