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Richard S. Eisert is co-chair of the Advertising, Marketing & Promotions Practice Group and a partner in the Intellectual Property and Digital Media, Technology & Privacy Practice Groups of Davis & Gilbert.  His clients include new media, technology and telecommunications companies, traditional publishing entities, advertisers, and advertising agencies.

His traditional advertising/marketing law practice includes the review of advertising copy, advising with regard to issues such as claim substantiation, false advertising and related intellectual property and privacy/publicity issues, and negotiating and drafting a broad array of contracts, including agency/client agreements, media buying agreements, sponsorship agreements and strategic alliances.  In the new media area, his practice includes drafting and advising on contracts related to worldwide web sites, on-line advertising and commerce, and multimedia, software, music and technology licensing. Mr. Eisert's practice also includes advising on specific legal/regulatory issues that affect e-commerce, including privacy and the enforceability of electronic transactions. In the intellectual property arena, he advises on the protection, maintenance, and licensing of copyrights, trademarks, patents and trade secrets. 

Mr. Eisert also represents clients in advertising arbitration proceedings before the NAD and advises clients with respect to litigations and regulatory proceedings that arise in the advertising/intellectual property arena.  He also performs transactional due diligence and transfers of intellectual property in conjunction with corporate transactions such as mergers, acquisitions, financings, and securities offerings.  He has considerable experience negotiating complex technology ventures in high technology and telecommunications, including representing international wireless carriers in connection with their wireless data, entertainment, digital music distribution, and information services.

Mr. Eisert has been involved in several initiatives to standardize legal terms for conducting business on the Internet.  He served as a Law Clerk to the Hon. William C. Conner, in the Federal District Court for the Southern District of New York. While in law school, Mr. Eisert served as the Editor-In-Chief of the Harvard Journal of Law and Technology.

Mr. Eisert has been recognized by The Legal 500 United States in the area of advertising and marketing (2009-2019) and cyber law: data privacy and protection (2012-2019). He has also been recognized by The Best Lawyers in America in advertising law (2019 and 2020) and ranked as a leading advertising lawyer by Chambers USA: America’s Leading Lawyers for Business (2009-2016).

REPRESENTATIVE ENGAGEMENTS

  • Successfully defended one of the nation's largest advertisers in various proceedings before the NAD.
  • Represented several music entities in the acquisition and distribution (from both web-based and wireless platforms) of ring tone and full song downloads, including obtaining rights from all major record labels and developing and licensing associated technologies for both DRM-protected and DRM-free music distribution.
  • Represented a major wireless company in the development and launch of its groundbreaking video-on-demand service which provides for broadband access to news, entertainment and other video content on its 3G wireless network. He led negotiations with content providers such as Walt Disney Company, MTV Networks, ESPN, NBC, ABC, Fox, CNN and others.
  • Represented a large media client in negotiations with SAP and IBM to create a sophisticated customized version of SAP software for client's accounting and billing needs.
  • Represented a wireless company in negotiating an agreement with Microsoft to establish Microsoft as the multi-protocol data service provider and set the framework for the parties to create and co-market enterprise applications and software platforms for wireless devices. Also negotiated an agreement with Vodaphone for the creation, maintenance and hosting of a hub for the delivery of content to wireless communications devices via Short Message Service (SMS) Messages.
  • Represented a wireless carrier in its negotiation of agreements with OnStar, an affiliate of General Motors, to enable the nation-wide wireless capabilities of GM's telematics system known as OnStar.
  • Negotiated on-line advertising deals, from sophisticated co-branding and sponsorship agreements, to insertion orders for virtually any imaginable type of on-line inventory, including banner impressions, click-through arrangements, keyword purchases, the creation and acquisition of "rich-media" inventory, and various forms of highly targeted advertising inventory.
  • Represents dozens of entities in their negotiations with third party ad serving technology companies such as DoubleClick, Atlas DMT, and MediaPlex.
  • Represented a leading contextual and search-based advertising company, in all aspects of its business.
  • Represented companies involved in campaign management, search engine optimization, lead generation, analytics and affiliate marketing.
  • Represented a new media company in connection with the development of a new generation of wireless/mobile online communities.

SPEAKING ENGAGEMENTS

"Hot Topics in Privacy: CCPA, Data Security and the Impact on Marketing," Davis & Gilbert Counsel 2U®: Marketing & Advertising Seminar, June 13, 2019  

NYC AdTech.connect, 2019: AprilJune, September

"2019 Hot Topics in Advertising Law," INNOVATE: NY Presented by the Advertising Club of New York, February 7, 2019

"The Media-Content Deal," New York State Bar Association Intellectual Property Law Meeting, January 15, 2019

"Blockchain For Advertising," Blockchain Thought Leadership Conference, September 21, 2018

"Business Solutions Breakfast on Blockchain for Advertising," INNOVATE: NY Presented by the Advertising Club of New York, August 9, 2018

NYC AdTech.connect, 2018: May, July, October, December

"What's Trending in Tech & Advertising," AdThink, 2018: April, May, August, October

"Protecting All Sides: Legal Implications of Brand-Startup Collaboration," The Bridge: A Startup & Brand Collaboration Event, November 16, 2017

"Advertising Law: Developments & Emerging Trends Session Overview," INNOVATE:NY Presented by the Advertising Club of New York, July 11, 2017

NYC AdTech.connect, 2017: May, June, September, November

"What's Trending in Tech & Advertising," AdThink, 2017: March, October

NYC AdTech.connect, 2016: March, June, September, November

"Mind Your T's and C's," Network Advertising Initiative Webinar, July 13, 2016

"Branded Entertainment as Value Added to Media Agency Deals," Association of National Advertisers/Brand Activation Association’s Business of Marketing Law Conference, June 14, 2016

"Social Media and Native Advertising Rules of The Road," Harvard Business School Startup Studio, June 6, 2016

"What's Trending in Tech & Advertising," AdThink, 2016: May

"Hot Topics in Digital Media Law," Association of Corporate Counsel's Westchester County NY/Southern Connecticut Chapter Program, February 26, 2016

PUBLICATIONS

Co-Author, "California Attorney General Releases Draft CCPA Regulations," D&G Digital Media, Technology & Privacy Alert, October 2019

Co-Author, "IAB Provides Framework for CCPA," D&G Digital Media, Technology & Privacy Alert, September 2019

Co-Author, "Led by California, U.S. State and Federal Lawmakers Increasingly Focus on Consumer Privacy," Trends in Marketing Communications Law (6th Edition), 2019

Co-Author, "Big Data and Big Questions," Trends in Marketing Communications Law (6th Edition), 2019

Co-Author, "Nevada Updates Privacy Law While New York Gets Ready," D&G Digital Media, Technology & Privacy Alert, June 2019

Author, "Digital Advertising Platforms Struggle to Keep Pace with Growing Acceptance of Marijuana," AdExchanger, May 22, 2019

Co-Author, "Up Next: California’s Anti-Bot Law Raises the Stakes for the Use of AI Influencers," Ad Club Insider, May 2, 2019

Co-Author, "CCPA Update: Preparing for the CCPA – 10 Things You Can Tackle Now," D&G Digital Media, Technology & Privacy Alert, March 2019

Author, "The California Consumer Privacy Act," Ad Club Insider, February 12, 2019

Co-Author, "CCPA Update: California Public Forums and Other Proposed State/Federal Legislation," D&G Digital Media, Technology & Privacy Alert, January 2019

Author, "California's Anti-Bot Law Raises The Stakes For The Use Of AI Influencers," AdExchanger, November 26, 2018

Co-Author, "California Legislature Passes Yet More Privacy Bills – Internet of Things & CCPA Amendment," D&G Digital Media, Technology & Privacy Alert, September 2018

Co-Author, "California Has a New Privacy Law. It Could Have Been Much Worse.," D&G Digital Media, Technology & Privacy Alert, July 2018

Co-Author, "As Augmented Reality Engagement Increases, Novel Legal Issues Arise," Trends in Marketing Communications Law (5th Edition), 2018

Co-Author, "Privacy, Transparency and Quality Issues Drive Changes in Digital Marketing," Trends in Marketing Communications Law (5th Edition), 2018

Co-Author, "Blockchain Technology Poised to Disrupt Digital Advertising," Trends in Marketing Communications Law (5th Edition), 2018

Author, "Virtual Influencers: Great Potential And Many Legal Unknowns," AdExchanger, May 23, 2018

Co-Author, "U.S. Ad Tech Companies Collecting EU Data Must Prepare for the GDPR," D&G Digital Media, Technology & Privacy Alert, April 2018

Co-Author, "Behavioral Advertising Developments: A Compliance Warning and an Enforcement Action," D&G Digital Media, Technology & Privacy Alert, January 2018

Author, "Judge Gives The Green Light to Third-Party Cookies," AdExchanger, August 10, 2017

Co-Author, "The Enemy Within," Intellectual Property Magazine, June 2017

Co-Author, "Regulators Address Consumer Trust, Choice and Safety In Digital Marketing," Trends in Marketing Communications Law (4th Edition), 2017

Co-Author, "$500 Million Oculus Verdict Highlights Litigation Risks for Emerging Tech Companies," D&G Intellectual Property Alert, February 2017

Co-Author, "FTC’s New Staff Report Applies Privacy Principles to Cross-Device Tracking," D&G Digital Media, Technology & Privacy Alert, February 2017

Author, "With The FTC Watching For Disclosure Violations, Marketers Can Lessen Their Liability Risks," AdExchanger, December 5, 2016

Co-Author, "Enforcement of DAA Cross-Device Guidance to Begin on February 1, 2017," D&G Digital Media, Technology & Privacy Alert, October 2016

Co-Author, "The Rise of Ad Blocking," D&G Advertising Law: 2015 Lessons Learned & 2016 Practical Advice

BAR ADMISSIONS

New York
Washington, D.C.

EDUCATION

Harvard University, J.D., cum laude, 1991
Harvard University, B.A., magna cum laude, Phi Beta Kappa, 1988


Best Lawyers Award Badge        The Legal 500 - The Clients Guide to Law Firms

REPRESENTATIVE ENGAGEMENTS

  • Successfully defended one of the nation's largest advertisers in various proceedings before the NAD.
  • Represented several music entities in the acquisition and distribution (from both web-based and wireless platforms) of ring tone and full song downloads, including obtaining rights from all major record labels and developing and licensing associated technologies for both DRM-protected and DRM-free music distribution.
  • Represented a major wireless company in the development and launch of its groundbreaking video-on-demand service which provides for broadband access to news, entertainment and other video content on its 3G wireless network. He led negotiations with content providers such as Walt Disney Company, MTV Networks, ESPN, NBC, ABC, Fox, CNN and others.
  • Represented a large media client in negotiations with SAP and IBM to create a sophisticated customized version of SAP software for client's accounting and billing needs.
  • Represented a wireless company in negotiating an agreement with Microsoft to establish Microsoft as the multi-protocol data service provider and set the framework for the parties to create and co-market enterprise applications and software platforms for wireless devices. Also negotiated an agreement with Vodaphone for the creation, maintenance and hosting of a hub for the delivery of content to wireless communications devices via Short Message Service (SMS) Messages.
  • Represented a wireless carrier in its negotiation of agreements with OnStar, an affiliate of General Motors, to enable the nation-wide wireless capabilities of GM's telematics system known as OnStar.
  • Negotiated on-line advertising deals, from sophisticated co-branding and sponsorship agreements, to insertion orders for virtually any imaginable type of on-line inventory, including banner impressions, click-through arrangements, keyword purchases, the creation and acquisition of "rich-media" inventory, and various forms of highly targeted advertising inventory.
  • Represents dozens of entities in their negotiations with third party ad serving technology companies such as DoubleClick, Atlas DMT, and MediaPlex.
  • Represented a leading contextual and search-based advertising company, in all aspects of its business.
  • Represented companies involved in campaign management, search engine optimization, lead generation, analytics and affiliate marketing.
  • Represented a new media company in connection with the development of a new generation of wireless/mobile online communities.

SPEAKING ENGAGEMENTS

"Hot Topics in Privacy: CCPA, Data Security and the Impact on Marketing," Davis & Gilbert Counsel 2U®: Marketing & Advertising Seminar, June 13, 2019  

NYC AdTech.connect, 2019: AprilJune, September

"2019 Hot Topics in Advertising Law," INNOVATE: NY Presented by the Advertising Club of New York, February 7, 2019

"The Media-Content Deal," New York State Bar Association Intellectual Property Law Meeting, January 15, 2019

"Blockchain For Advertising," Blockchain Thought Leadership Conference, September 21, 2018

"Business Solutions Breakfast on Blockchain for Advertising," INNOVATE: NY Presented by the Advertising Club of New York, August 9, 2018

NYC AdTech.connect, 2018: May, July, October, December

"What's Trending in Tech & Advertising," AdThink, 2018: April, May, August, October

"Protecting All Sides: Legal Implications of Brand-Startup Collaboration," The Bridge: A Startup & Brand Collaboration Event, November 16, 2017

"Advertising Law: Developments & Emerging Trends Session Overview," INNOVATE:NY Presented by the Advertising Club of New York, July 11, 2017

NYC AdTech.connect, 2017: May, June, September, November

"What's Trending in Tech & Advertising," AdThink, 2017: March, October

NYC AdTech.connect, 2016: March, June, September, November

"Mind Your T's and C's," Network Advertising Initiative Webinar, July 13, 2016

"Branded Entertainment as Value Added to Media Agency Deals," Association of National Advertisers/Brand Activation Association’s Business of Marketing Law Conference, June 14, 2016

"Social Media and Native Advertising Rules of The Road," Harvard Business School Startup Studio, June 6, 2016

"What's Trending in Tech & Advertising," AdThink, 2016: May

"Hot Topics in Digital Media Law," Association of Corporate Counsel's Westchester County NY/Southern Connecticut Chapter Program, February 26, 2016

PUBLICATIONS

Co-Author, "California Attorney General Releases Draft CCPA Regulations," D&G Digital Media, Technology & Privacy Alert, October 2019

Co-Author, "IAB Provides Framework for CCPA," D&G Digital Media, Technology & Privacy Alert, September 2019

Co-Author, "Led by California, U.S. State and Federal Lawmakers Increasingly Focus on Consumer Privacy," Trends in Marketing Communications Law (6th Edition), 2019

Co-Author, "Big Data and Big Questions," Trends in Marketing Communications Law (6th Edition), 2019

Co-Author, "Nevada Updates Privacy Law While New York Gets Ready," D&G Digital Media, Technology & Privacy Alert, June 2019

Author, "Digital Advertising Platforms Struggle to Keep Pace with Growing Acceptance of Marijuana," AdExchanger, May 22, 2019

Co-Author, "Up Next: California’s Anti-Bot Law Raises the Stakes for the Use of AI Influencers," Ad Club Insider, May 2, 2019

Co-Author, "CCPA Update: Preparing for the CCPA – 10 Things You Can Tackle Now," D&G Digital Media, Technology & Privacy Alert, March 2019

Author, "The California Consumer Privacy Act," Ad Club Insider, February 12, 2019

Co-Author, "CCPA Update: California Public Forums and Other Proposed State/Federal Legislation," D&G Digital Media, Technology & Privacy Alert, January 2019

Author, "California's Anti-Bot Law Raises The Stakes For The Use Of AI Influencers," AdExchanger, November 26, 2018

Co-Author, "California Legislature Passes Yet More Privacy Bills – Internet of Things & CCPA Amendment," D&G Digital Media, Technology & Privacy Alert, September 2018

Co-Author, "California Has a New Privacy Law. It Could Have Been Much Worse.," D&G Digital Media, Technology & Privacy Alert, July 2018

Co-Author, "As Augmented Reality Engagement Increases, Novel Legal Issues Arise," Trends in Marketing Communications Law (5th Edition), 2018

Co-Author, "Privacy, Transparency and Quality Issues Drive Changes in Digital Marketing," Trends in Marketing Communications Law (5th Edition), 2018

Co-Author, "Blockchain Technology Poised to Disrupt Digital Advertising," Trends in Marketing Communications Law (5th Edition), 2018

Author, "Virtual Influencers: Great Potential And Many Legal Unknowns," AdExchanger, May 23, 2018

Co-Author, "U.S. Ad Tech Companies Collecting EU Data Must Prepare for the GDPR," D&G Digital Media, Technology & Privacy Alert, April 2018

Co-Author, "Behavioral Advertising Developments: A Compliance Warning and an Enforcement Action," D&G Digital Media, Technology & Privacy Alert, January 2018

Author, "Judge Gives The Green Light to Third-Party Cookies," AdExchanger, August 10, 2017

Co-Author, "The Enemy Within," Intellectual Property Magazine, June 2017

Co-Author, "Regulators Address Consumer Trust, Choice and Safety In Digital Marketing," Trends in Marketing Communications Law (4th Edition), 2017

Co-Author, "$500 Million Oculus Verdict Highlights Litigation Risks for Emerging Tech Companies," D&G Intellectual Property Alert, February 2017

Co-Author, "FTC’s New Staff Report Applies Privacy Principles to Cross-Device Tracking," D&G Digital Media, Technology & Privacy Alert, February 2017

Author, "With The FTC Watching For Disclosure Violations, Marketers Can Lessen Their Liability Risks," AdExchanger, December 5, 2016

Co-Author, "Enforcement of DAA Cross-Device Guidance to Begin on February 1, 2017," D&G Digital Media, Technology & Privacy Alert, October 2016

Co-Author, "The Rise of Ad Blocking," D&G Advertising Law: 2015 Lessons Learned & 2016 Practical Advice

BAR ADMISSIONS

New York
Washington, D.C.

EDUCATION

Harvard University, J.D., cum laude, 1991
Harvard University, B.A., magna cum laude, Phi Beta Kappa, 1988


Best Lawyers Award Badge        The Legal 500 - The Clients Guide to Law Firms