MATTHEW P. SULLIVAN
Senior Associate
(202) 342-8580 (202) 342-8580
MATTHEW P. SULLIVAN Senior Associate
Matt Sullivan provides practical guidance to help clients achieve their business objectives while navigating risk in connection with the range of federal and state consumer protection and privacy laws and regulations.

His practice includes representing clients in all forms of consumer protection and privacy matters, from counseling and transactional support to defending federal and state regulatory investigations and litigation.  His focus is on consumer privacy and data security, including Big Data analytics, Internet of Things (IoT) technologies, data breach mitigation and response, artificial intelligence, consumer health data privacy, children’s privacy, and compliance with U.S. and international privacy laws and regulations; advertising; and sales and marketing practices.

Matt is particularly adept at guiding clients after having served as in-house privacy counsel for a national wireless carrier where he advised on all aspects of compliance with U.S. and international privacy laws and regulations and associated legal risks. Matt was an associate with Kelley Drye before going in-house.

Prior to joining Kelley Drye in 2010, Matt provided crisis communications support on litigation, privacy, and corporate security issues, and developed company-wide social media policies and programs for the same national wireless carrier.
 
Advising clients, primarily technology companies (software, mobile and cloud platforms, and telecommunications/wireless providers), regarding compliance with federal and state privacy, information security, and telemarketing laws, regulations, and industry best practices, including the FTC Act, GDPR, HIPAA, Telemarketing Sales Rule (TSR), TCPA, COPPA, FCC CPNI regulations, Gramm-Leach-Bliley Act, the GLB Safeguards Rule, FCRA, FDCPA, and state consumer protection and privacy/information security laws.

Representing clients in advertising substantiation proceedings, investigations and inquiries from the Federal Trade Commission (FTC), State Attorneys General, state and local consumer protection agencies, and the National Advertising Division (NAD) of the Council of Better Business Bureaus.

Assisting clients in their data breach mitigation and response efforts, and compliance with post-breach legal obligations.

Lead associate representing a cloud-based technology provider in an FTC investigation concerning the issues of third-party liability.  Investigation closed without enforcement action after FTC staff presented a proposed complaint and order.

Lead associate in successfully representing a Fortune 100 home improvement retailer in challenging its competitor before the NAD regarding deceptive sales and promotional practices.

Lead associate in successful challenge to superior performance claims for 3D Televisions.

Drafting public comments filed with the Federal Trade Commission on behalf of a Fortune 200 wireless service provider and a global entertainment company regarding proposed guides and rulemakings.

Advising clients on federal and state statutes and regulations governing price advertising, promotions, and telemarketing.

Reviewing advertisements and marketing materials across all media formats to determine compliance with relevant regulations and ensure claims are properly substantiated, and evaluating competitors’ conduct for potential advertising challenges.
 
American Bar Association, Section of Antitrust, Privacy & Information Security Committee, vice chair

Certified Information Privacy Professional (CIPP/US), International Association of Privacy Professionals

About

Matt Sullivan provides practical guidance to help clients achieve their business objectives while navigating risk in connection with the range of federal and state consumer protection and privacy laws and regulations.

His practice includes representing clients in all forms of consumer protection and privacy matters, from counseling and transactional support to defending federal and state regulatory investigations and litigation.  His focus is on consumer privacy and data security, including Big Data analytics, Internet of Things (IoT) technologies, data breach mitigation and response, artificial intelligence, consumer health data privacy, children’s privacy, and compliance with U.S. and international privacy laws and regulations; advertising; and sales and marketing practices.

Matt is particularly adept at guiding clients after having served as in-house privacy counsel for a national wireless carrier where he advised on all aspects of compliance with U.S. and international privacy laws and regulations and associated legal risks. Matt was an associate with Kelley Drye before going in-house.

Prior to joining Kelley Drye in 2010, Matt provided crisis communications support on litigation, privacy, and corporate security issues, and developed company-wide social media policies and programs for the same national wireless carrier.
 

Experience

Advising clients, primarily technology companies (software, mobile and cloud platforms, and telecommunications/wireless providers), regarding compliance with federal and state privacy, information security, and telemarketing laws, regulations, and industry best practices, including the FTC Act, GDPR, HIPAA, Telemarketing Sales Rule (TSR), TCPA, COPPA, FCC CPNI regulations, Gramm-Leach-Bliley Act, the GLB Safeguards Rule, FCRA, FDCPA, and state consumer protection and privacy/information security laws.

Representing clients in advertising substantiation proceedings, investigations and inquiries from the Federal Trade Commission (FTC), State Attorneys General, state and local consumer protection agencies, and the National Advertising Division (NAD) of the Council of Better Business Bureaus.

Assisting clients in their data breach mitigation and response efforts, and compliance with post-breach legal obligations.

Lead associate representing a cloud-based technology provider in an FTC investigation concerning the issues of third-party liability.  Investigation closed without enforcement action after FTC staff presented a proposed complaint and order.

Lead associate in successfully representing a Fortune 100 home improvement retailer in challenging its competitor before the NAD regarding deceptive sales and promotional practices.

Lead associate in successful challenge to superior performance claims for 3D Televisions.

Drafting public comments filed with the Federal Trade Commission on behalf of a Fortune 200 wireless service provider and a global entertainment company regarding proposed guides and rulemakings.

Advising clients on federal and state statutes and regulations governing price advertising, promotions, and telemarketing.

Reviewing advertisements and marketing materials across all media formats to determine compliance with relevant regulations and ensure claims are properly substantiated, and evaluating competitors’ conduct for potential advertising challenges.
 

Memberships

American Bar Association, Section of Antitrust, Privacy & Information Security Committee, vice chair

Certified Information Privacy Professional (CIPP/US), International Association of Privacy Professionals