Kyle Fath concentrates his practice on privacy governance and technology transactions, as well as advertising, marketing and digital media. In particular, his practice focuses on advising clients on compliance with data privacy regimes, counseling companies through the intellectual property and data privacy aspects of financing, M&A, and other business transactions, and drafting and negotiating various technology-oriented agreements.
In his practice, Kyle serves as product and privacy counsel to digital media, AdTech, e-commerce, retail, and other companies in various verticals, focusing on compliance with landmark privacy legislation such as the California Consumer Privacy Act (CCPA) and the European Union’s General Data Protection Regulation (GDPR). In this capacity, Kyle works with organizations’ interdisciplinary teams (e.g., product, engineering, sales), as well as their in-house attorneys and senior management, to proactively address and mitigate the risks arising out of day-to-day operations and long-term strategic plans, relationships with vendors and customers, collection and usage of data, and the changing legal, regulatory, and technology landscapes.
In addition, Kyle works closely alongside business finance and M&A attorneys to help close deals. In this role, he drafts and negotiates IT, IP, and data privacy provisions of agreements, provides due diligence, and assesses and advises on the risks related to IT, IP, and data assets involved in private equity and other financing deals, stock and asset purchases, mergers, and other transactions.
Having experience representing both vendors and customers alike, Kyle regularly drafts and negotiates agreements for a diverse clientele spanning a variety of industry and technology verticals, and of all sizes, from Fortune 500 organizations to technology startups. He drafts and negotiates various contracts including data protection agreements, services agreements (cloud, SaaS, platform usage, advertising technology services, managed and outsourced IT services), development and licensing agreements (IP licenses, joint development, website and mobile app development, content creation), online and other clickwrap agreements (terms of service and privacy policies, end user license agreements (EULA), API), and various other types of agreements.