Chris Loeffler has a transactional and regulatory practice focused on advertising, privacy, data security, licensing, sponsorships, e-commerce and other consumer protection issues. He helps clients to anticipate and address legal issues through the complete process of designing and implementing marketing and data strategies.
A proven negotiator and strategist, Chris quickly understands complex data, technology and contracting issues and distills technical details into a plan of action, bringing together stakeholders from across a client’s organization. Recommended in the US Legal 500
and listed as a Super Lawyers
“Rising Star,” Chris is a Certified Information Privacy Professional for the United States and Europe (CIPP/US and CIPP/E) by the International Association of Privacy Professionals (IAPP).
At the outset of advertising campaigns, Chris drafts and negotiates advertising and marketing service (including creative and media AOR), production, media placement, sponsorship and endorsement agreements for advertisers and agencies. To mitigate the risk of challenge from regulators, competitors or consumers, Chris reviews marketing materials to determine compliance with relevant regulations and ensure claims are supported.
In the age of targeted consumer engagement, Chris drafts privacy policies and website/application terms, and advises on the development and use of social media platforms, consumer engagement programs, mobile apps and games that comply with consumer protection and privacy laws.
The line between advertising and privacy issues continues to blur and Chris counsels clients on the use of online, mobile and app interest-based advertising (IBA) platforms and practices; negotiates agreements for IBA services; and represents clients in self-regulatory proceedings. In addition, Chris advises on content licensing, website hosting, technology-based manufacturing and licensing, and e-commerce solutions that are compliant with electronic signature and fund transaction laws.
Moreover, Chris counsels clients on compliance with federal and state privacy and data security laws, focusing on issues involving emerging technologies. He advises on compliance with the Federal Trade Commission Act, the Gramm-Leach-Bliley Act, the GLB Safeguards Rule, Fair Credit Reporting Act (FCRA), Fair and Accurate Credit Transactions Act (FACTA) and state privacy and information security laws. He works with clients on the development of privacy and information security programs; the development of vendor contract management programs for personal information; the negotiation of provisions overseeing how vendors handle personal information; audits involving the collection, storage, use and disclosure of personal information; and guidance through data security breach incidents, from discovery to breach response and remediation.
Prior to joining Kelley Drye, Chris worked as a legal intern for TBWA Worldwide, an international advertising agency in New York, NY, and as an intern at the Federal Trade Commission, Bureau of Consumer Protection’s International Division in Washington, D.C.
Judge, Promotion Marketing Association REGGIE Awards, 2013.
University of Tennessee Young Alumni Advisory Panel
Counseled a Fortune
100 athletic retailer on the development of a new vendor data security due diligence and contracting program, including global contract terms and legal team playbooks.
Assisted a Fortune
100 automotive company in drafting and negotiating comprehensive global creative and media advertising agency of record agreements.
Defending clients in privacy, data security and advertising investigations by the Federal Trade Commission and state attorneys general.
Advising clients on the privacy and security considerations for the development of proprietary consumer data management and targeted advertising platforms, and negotiating with vendors for related services.
Assisted retailers and nonprofit organizations on privacy considerations for the development of mobile applications.
Assisted a leading travel company in drafting and negotiating creative and media advertising agency of record agreements covering the United States, Central and South America and Southeast Asia.
Advised a retailer on privacy considerations for the development of a proprietary social media platform.
Eric Haddad Koenig v. All.com
, No. 1:08 cv 1169-GBL-TRJ (E.D. Va., July 31, 2009)
Assisted lead counsel in an in rem
action under the Anticybersquatting Consumer Protection Act (ACPA) to obtain ownership of a domain name taken by surreptitious means.
Negotiated a development and licensing agreement for a behavioral advertising and analytical insight application for a Fortune
Advise The Nature Conservancy on charitable promotions, contractual relationships with vendors and marketing partners, and new media issues.