Kyle R. Fath

He | Him | His

Associate

New York
T +1.212.589.4212
F +1.212.589.4201

Overview

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.

Select Experience

  • Advised on, developed, and implemented California Consumer Privacy Act and EU General Data Protection Regulation (GDPR) compliance programs for U.S. and international organizations, including: consent mechanisms for cookies and online behavioral advertising, and email and text message (SMS) marketing; recordkeeping/data mapping; applicability analysis; data transfer mechanisms, including drafting and negotiating scores of data protection addendums, advising on EU-US Privacy Shield, Standard Contractual Clauses, intercompany agreements and binding corporate rules; GDPR compliant privacy policies; and various other GDPR compliance issues.
  • Developed numerous online terms of service, end-user license agreements, terms of sale/subscription, and privacy policies for a variety of clients, including an educational technology and content provider, high-end retail company, a digital media publisher, and various mobile app developers.
  • Advised on IP, IT, and data privacy issues, and performed due diligence, on M&A, financing, and other transactions for clients in software, financial services, digital media, EdTech and other industries.
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Experience

  • Advised on, developed, and implemented California Consumer Privacy Act and EU General Data Protection Regulation (GDPR) compliance programs for U.S. and international organizations, including: consent mechanisms for cookies and online behavioral advertising, and email and text message (SMS) marketing; recordkeeping/data mapping; applicability analysis; data transfer mechanisms, including drafting and negotiating scores of data protection addendums, advising on EU-US Privacy Shield, Standard Contractual Clauses, intercompany agreements and binding corporate rules; GDPR compliant privacy policies; and various other GDPR compliance issues.
  • Developed numerous online terms of service, end-user license agreements, terms of sale/subscription, and privacy policies for a variety of clients, including an educational technology and content provider, high-end retail company, a digital media publisher, and various mobile app developers.
  • Advised on IP, IT, and data privacy issues, and performed due diligence, on M&A, financing, and other transactions for clients in software, financial services, digital media, EdTech and other industries.
  • Counseled companies on consent mechanisms and regulatory compliance in connection with tracking consumers using cookies and other technologies for interest-based advertising and other purposes.
  • Drafted and negotiated various agreements for a variety of clients, including a leading podcast producer, a Fortune 400 energy company, a top accounting and consultancy firm, and an emerging company offering a mobile application and online platform for cannabis brands and dispensaries.
  • Drafted and negotiated various agreements on behalf of, and provided counsel on the interplay of state and federal regulation of cannabis to, client offering online platform for cannabis brands and dispensaries.
  • Counseled liquor brand on legal issues in M&A transaction related to its use of a famous bootlegger’s name, photograph and likeness.
  • Counseled numerous clients regarding the risks of open source and copyleft software code generally and during sale and acquisition of technology assets.
  • For global retail client, negotiated contract between global retailer and social media influencer and advised EU counsel on US regulation of product endorsement by social media influencers.
  • Drafted and negotiated numerous content creation (e.g., podcasts and other media, websites, etc.) agreements and IP licenses and assignments.
  • Counseled clients on compliance with federal and state anti-spam laws and other laws and regulations related to contacting and/or marketing to consumers, including CAN-SPAM and the Telephone Consumer Protection Act (TCPA).
  • Advised mobile app developer client on the legal and reputational risks of changing its service levels, data collection, or other features in view of contract terms with customers or partners.
  • On behalf of an IoT developer client, drafted and negotiated customer, reseller, value-added reseller and original equipment manufacturer agreements relating to a white label IoT platform of an Internet of Things developer.

Recognitions and Memberships

Recognitions

  • New York Metro Super Lawyers "Rising Star" (2020)

Memberships

  • Greater Cincinnati Venture Association
  • American Intellectual Property Law Association
  • Cincinnati Intellectual Property Law Association
  • Square1: Board of Directors (2015 to 2017)

Pro Bono

  • Drafted online terms of use and privacy policy, developed set of program agreements, and negotiated vendor agreements for Chicken and Egg Pictures, an organization supporting women nonfiction filmmakers
  • Provided intellectual property counsel to and drafted agreements for Witness, Inc., an international nonprofit that trains and supports people using video in their fight for human rights, and Breakthrough, a New York City based non-profit using media, arts, and technology to address human rights issues
  • Advised For People’s Liberty, a Cincinnati philanthropic organization, prepared terms of use related to a free recording booth open to community members for recording podcasts. Advised on IP issues related to ownership and broadcasting rights, as well as other legal considerations regarding the recordings.

Prior Positions

  • GE Aviation: Law Clerk

Admissions

  • U.S. Patent and Trademark Office, Registration No. 75,216
  • Ohio
  • New York
  • [Not admitted in California]

Education

  • J.D., Washington University School of Law, 2012
  • B.S., Biomedical Engineering, University of Cincinnati, 2009

Blog

In The Blogs

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Data Counsel
New York Legislature Introduces CCPA Clone with Private Right of Action
By Kyle R. Fath, Melinda L. McLellan
January 8, 2021
The 2021-22 New York State legislative session started off with a bang, featuring nearly a dozen consumer privacy bills introduced in the House and Senate on the opening day. A number of the proposals, including the New York Privacy Act...
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Data Counsel
Privacy and Product Counseling: 2020 in Review
By Carolina A. Alonso, Orga Cadet, Kyle R. Fath, Gerald J. Ferguson, Alan L. Friel, Barbara D. Linney, Melinda L. McLellan, Veronica Reynolds, Nichole L. Sterling, Patrick R. Waldrop
December 17, 2020
Advising our clients on compliance with laws and regulations is, hands down, the most important aspect of our role as attorneys. In addition to seeking counsel on their obligations under laws and regulations, however – motivated by...
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Data Counsel
Apple to Require New Privacy Disclosures for Apps as of December 8, 2020
By Kyle R. Fath, Patrick R. Waldrop
November 30, 2020
During its annual Worldwide Developers Conference this summer, Apple announced a handful of new consumer-oriented privacy features coming to its software and devices. One feature will require app publishers to disclose information...
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AD-ttorneys Law Blog
California Ballot Referendum on CCPA Will Have Significant Effects on AdTech
By Kyle R. Fath, Alan L. Friel
November 18, 2020
On Election Day, California voters approved a ballot measure, Proposition 24, known as the California Privacy Rights Act of 2020 (CPRA). Referred to by some as CCPA 2.0, the CPRA amends certain provisions of the paradigm shifting 2018...
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Data Counsel
California Voters Approve Reworking of Landmark Consumer Privacy Law – What CCPA 2.0 Will Mean for Businesses and Consumers
By Kyle R. Fath, Alan L. Friel
November 4, 2020
The nation awoke the morning after Election Day 2020 with much still unresolved. However, what seemed clear was that California voters almost certainly approved a ballot measure, Proposition 24, known as the California Privacy Rights Act...
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