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Gary A. Kibel is a partner in the Digital Media, Technology & Privacy; Intellectual Property and Advertising, Marketing & Promotions Practice Groups of Davis & Gilbert.  Mr. Kibel regularly counsels clients with respect to new media/advertising law; privacy and data security; and information technology matters.

Mr. Kibel advises interactive companies, advertising agencies, media providers and other commercial entities regarding transactions for interactive advertising, behavioral advertising, social media, programmatic media buying, mobile marketing, affiliate marketing, data collection and usage, and other emerging products and services. He also serves as General Counsel to the Performance Marketing Association.

Mr. Kibel is a Certified Information Privacy Professional (CIPP) and advises clients in many industries regarding privacy and data security issues, including, internal information security policies, contractual obligations and requirements, security breaches and incident responses, audits, cross-border data transfers and other matters in connection with an organization’s collection, storage and use of data in all aspects of its business. He is a former co-chair of the International Association of Privacy Professionals’ (IAPP) New York City KnowledgeNet group. Mr. Kibel has been identified as a “Recognised Practitioner” in the Privacy & Data Security – Nationwide category by Chambers USA: America’s Leading Lawyers for Business (2015-2016). In addition, Mr. Kibel has been recognized by The Legal 500 United States in the area of privacy and data protection for five consecutive years (2012-2016).

Mr. Kibel counsels both providers of information technology services and customers for such products and services regarding complex technology and intellectual property issues such as software and content licensing, enterprise technology implementations, consulting services, independent contractor relationships, outsourcing and development projects.

Prior to becoming an attorney, Mr. Kibel was an information systems analyst in the Investment Banking Division of Merrill Lynch & Co.

REPRESENTATIVE ENGAGEMENTS

  • Managed rapid responses to security breaches for numerous clients, including coordinating consumer notifications, governmental reporting requirements and negotiations with customers and vendors.
  • Counseled a major wireless company in connection with the development of the V CAST video on demand service and negotiations with numerous major media companies and content providers.
  • Represented the leading online identity and background verification company in connection with the licensing and implementation of a user-screening service on MySpace.
  • Represented one of the world’s largest communication services groups in connection with the negotiation of a partnership with Yahoo and Right Media.
  • Interactive marketing and privacy counsel on the legal team in connection with WPP’s acquisition of 24/7 Real Media.

SPEAKING ENGAGEMENTS

"Hot Topics in Privacy & Data Security Law: Evolving Legislation/Regulation, Vendor Management, Digital Media, Regulated Industries, International Concerns & More," New York City Bar Association’s Privacy & Data Security Law Program, March 31, 2017

"Outside Influences Affecting Performance Marketing," Affiliate Summit West/Performance Marketing Association’s Cocktail Brunch, January 15-17, 2017

"Navigating the Data Breach and Cyber Security Storm," New York City Bar Association Corporate Counsel Symposium: The Art of In-House Lawyers, December 2, 2016

"Top Legal Compliance Tips for Engaging Influencers," 2016 Influencer Marketing Days, November 14-15, 2016

"Is Privacy Bearable, When Technology Is Wearable?" 38th Annual Brand Activation Association Marketing Law Conference, November 9-11, 2016

"Digital Advertising Self-Regulation: A Comparison of Approaches," 2016 Privacy + Security Forum, October 24-26, 2016

"What's Trending in Tech & Advertising," AdThink, August 3, 2016

"Programmatic Media – The Business and Legal Perspectives," INNOVATE:NY Presented by the Advertising Club of New York, July 28, 2016

"Third-Party Oversight and Vendor Management," American Conference Institute's 19th Cyber Security and Data Privacy & Protection Conference, June 23-24, 2016

"Publishers Flex their First-Party Data Muscles," MediaPost's OMMA Programmatic Conference, May 17, 2016

Program Chair, "Digital Marketing & Big Data," New York City Bar Association Privacy & Data Security Law Program, April 18, 2016

"Using Offline Data to Drive Online Marketing," Association of National Advertisers (ANA) Advertising Law & Public Policy Conference, April 6-7, 2016

From Desktop to Mobile: Digital Marketing and Interest-Based Advertising,” New Jersey Association of Corporate Counsel Program, March 16, 2016

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

"Maximizing & Exploiting Big Data in Digital Media ... Legally," MediaPost's Programmatic Insider Summit, February 21-24, 2016

"Digital Advertising: Managing Privacy and Cybersecurity Risks," American Lawyer Media cyberSecurity Conference, December 15, 2015

"Big Data: Opportunities, Challenges and Implications for Privacy," Binghamton University Alumni Association, November 19, 2015

"Putting It Together: Running Programs on Social Media, Mobile and Apps," Practising Law Institute's Tracking and Targeting Customers and Prospects Online, on Mobile Devices, and in Social Media 2015, November 18, 2015

"IP Asset Review," New York State Bar Association Intellectual Property Section’s IP Due Diligence in Corporate Transactions Program, November 10, 2015

"A Day in the Life of a Privacy Practitioner," New York Intellectual Property Law Association Webinar, October 22, 2015

"Cyber Security Controls & Liability Practices," Vistage Program, October 7, 2015

"Programmatic Media – The Practical and Legal Perspectives," Davis & Gilbert Digital Media, Technology & Privacy Seminar, Thursday, July 30, 2015

"Programmatic Advertising: The Current Legal Landscape and Evolving Concerns," IAB Legal Affairs and Programmatic Council CLE Webinar, June 17, 2015

PUBLICATIONS

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

Co-Author, "Legal Marijuana: What You Need to Know to Legally Advertise to This Budding Economy," D&G Advertising, Marketing & Promotions Alert, January 2017

Co-Author, "New Copyright Office Regulations Require Websites to Re-Register for DMCA Safe Harbor Protection," D&G Intellectual Property Alert, December 2016

Author, "FTC Report on 'Sharing' Economy Highlights Business Issues and Potential Regulatory Concerns for Platforms, Buyers and Sellers," D&G Digital Media, Technology & Privacy Alert, November 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, "A Fallen Warrior in the Game of Mobile Privacy," D&G Digital Media, Technology & Privacy Alert, October 2016

Author, "Second Circuit Affirms Ruling Holding Affiliate Marketing Network Liable for Its Affiliates' False Claims," D&G Advertising, Marketing & Promotions Alert, October 2016

Author, "Opting Out of Political Advertising: Not So Simple," AdExchanger.com, September 20, 2016

Co-Author, "Internet Retailers Beware: NJ Truth-in-Consumer Contract, Warranty and Notice Act Impacts Online Terms and Conditions," D&G Litigation Alert, July 2016

Co-Author, "EU-U.S. Privacy Shield to Start Accepting Certifications August 1," D&G Digital Media, Technology & Privacy Alert, July 2016

Co-Author, "FTC's First COPPA Action Against Mobile Ad Network Highlights Risks for Operators As Well," D&G Advertising, Marketing & Promotions Alert, July 2016

Author, "Brexit May Complicate Privacy Issues for Ad Tech Companies," D&G Digital Media, Technology & Privacy Alert, June 2016

Co-Author, "Self-Regulatory Principles Applied for First Time to Mobile Apps and Discussed at DAA and ASRC Events," D&G Advertising, Marketing & Promotions Alert, May 2016

Co-Author, "Spotlight on Big Data and Connected," D&G Advertising Law: 2015 Lessons Learned & 2016 Practical Advice

Author, "Agreement on EU-U.S. Privacy Shield to Replace Safe Harbor Faces Hurdles," D&G Digital Media, Technology & Privacy Alert, February 2016

Author, "New FTC Report Highlights Ubiquity of Big Data and Contrasts Negative Impact Versus Substantial Benefits of Big Data," D&G Digital Media, Technology & Privacy Alert, January 2016

Co-Author, "Wyndham Settles FTC's Data Breach Case After Ruling Reinforced FTC's Authority," D&G Digital Media, Technology & Privacy Alert, December 2015

Co-Author, "Failure to Prove Probability of Harm from Alleged Data Breaches Dooms FTC’s Complaint," D&G Digital Media, Technology & Privacy Alert, December 2015

Co-Author, "New DAA Guidance Emphasizes Applicability of Transparency and Control to Cross-Device Advertising Practices," D&G Digital Media, Technology & Privacy Alert, November 2015

Co-Author, "Big Data Discrimination: Is The Industry Responsible?" AdExchanger.com, October 15, 2015

PRESS

Quoted, Law360, "Ashley Madison Pact Spotlights Cross-Border Enforcement," by Allison Grande, December 19, 2016

Quoted, AdExchanger.com, "Facebook Band Ethic Targeting for Credit, Housing, Employment Advertisers," November 11, 2016

Quoted, Influencer Marketing Days, "Gary Kibel on Liability and the Legal Side of Influencer Marketing," by Geno Prussakov, October 20, 2016

Quoted, Bloomberg BNA, "California Raisin' the Stakes on Privacy Policy Compliance," by George R. Lynch, October 20, 2016

Quoted, SC Magazine, "A New Ethics?: Moral Compass," by Lee Sustar, October 3, 2016

Quoted, AdExchanger.com, "Will Publishers Ever Get A Successful Day In Court Against Ad Blockers?" August 2, 2016

Quoted, AdExchanger.com, "UK Telco Tests Network-Level Ad Blocking, As Ad Industry Awaits The Fallout," June 15, 2016

Quoted, SC Magazine, "Breach: Before and After," by Jesse Staniforth, March 1, 2016

Quoted, AdExchanger.com, "US And EU Officials Agree On New “Privacy Shield” Data Transfer Pact," February 2, 2016

Quoted, Bloomberg BNA's Social Media Law & Policy Report, "'Native' Ad Formatting Can Be Unlawfully Deceptive: FTC," December 23, 2015

Quoted, Law360, "FTC Refines Data Security Standard In Record LifeLock Fine," December 18, 2015

Quoted, Business Insurance, "E.U. Order Complicates Multinational Personal Data Sharing for Thousands of Firms," October 13, 2015

Quoted, Law360, "Free Apps Shielded From Privacy Claims In 11th Circ. Ruling," October 13, 2015

Quoted, AdExchanger.com, "With No Safe Harbor, U.S. Brands Will Struggle Through Choppy Atlantic Seas," October 6, 2015

Quoted, InsideCounsel, "Digital Advertising Alliance's Mobile Privacy Enforcement starts this September," May 19, 2015

Quoted, ACEDS.org, "Tension Between Client Confidentiality, Public Disclosure Stifling Law Firm Cyber-Breach Reporting," April 16, 2015

Quoted, Law360, "Hulu's Win Won't Halt Video Privacy Class Actions," April 1, 2015

Quoted, Benzinga.com, "Specialist: Pangea Alliance Against Google, Facebook, Twitter Is Just The Beginning," March 26, 2015

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

New York City Bar Association
International Association of Privacy Professionals
Bloomberg BNA Social Media Law & Policy Report Editorial Advisory Board

BAR ADMISSIONS

New York
New Jersey
Connecticut

EDUCATION

Certified Information Privacy Professional (CIPP)
Brooklyn Law School, J.D., 1999
Binghamton University, School of Management, M.B.A., 1992
Binghamton University, B.A., 1990


The Legal 500 - The Clients Guide to Law Firms

REPRESENTATIVE ENGAGEMENTS

  • Managed rapid responses to security breaches for numerous clients, including coordinating consumer notifications, governmental reporting requirements and negotiations with customers and vendors.
  • Counseled a major wireless company in connection with the development of the V CAST video on demand service and negotiations with numerous major media companies and content providers.
  • Represented the leading online identity and background verification company in connection with the licensing and implementation of a user-screening service on MySpace.
  • Represented one of the world’s largest communication services groups in connection with the negotiation of a partnership with Yahoo and Right Media.
  • Interactive marketing and privacy counsel on the legal team in connection with WPP’s acquisition of 24/7 Real Media.

SPEAKING ENGAGEMENTS

"Hot Topics in Privacy & Data Security Law: Evolving Legislation/Regulation, Vendor Management, Digital Media, Regulated Industries, International Concerns & More," New York City Bar Association’s Privacy & Data Security Law Program, March 31, 2017

"Outside Influences Affecting Performance Marketing," Affiliate Summit West/Performance Marketing Association’s Cocktail Brunch, January 15-17, 2017

"Navigating the Data Breach and Cyber Security Storm," New York City Bar Association Corporate Counsel Symposium: The Art of In-House Lawyers, December 2, 2016

"Top Legal Compliance Tips for Engaging Influencers," 2016 Influencer Marketing Days, November 14-15, 2016

"Is Privacy Bearable, When Technology Is Wearable?" 38th Annual Brand Activation Association Marketing Law Conference, November 9-11, 2016

"Digital Advertising Self-Regulation: A Comparison of Approaches," 2016 Privacy + Security Forum, October 24-26, 2016

"What's Trending in Tech & Advertising," AdThink, August 3, 2016

"Programmatic Media – The Business and Legal Perspectives," INNOVATE:NY Presented by the Advertising Club of New York, July 28, 2016

"Third-Party Oversight and Vendor Management," American Conference Institute's 19th Cyber Security and Data Privacy & Protection Conference, June 23-24, 2016

"Publishers Flex their First-Party Data Muscles," MediaPost's OMMA Programmatic Conference, May 17, 2016

Program Chair, "Digital Marketing & Big Data," New York City Bar Association Privacy & Data Security Law Program, April 18, 2016

"Using Offline Data to Drive Online Marketing," Association of National Advertisers (ANA) Advertising Law & Public Policy Conference, April 6-7, 2016

From Desktop to Mobile: Digital Marketing and Interest-Based Advertising,” New Jersey Association of Corporate Counsel Program, March 16, 2016

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

"Maximizing & Exploiting Big Data in Digital Media ... Legally," MediaPost's Programmatic Insider Summit, February 21-24, 2016

"Digital Advertising: Managing Privacy and Cybersecurity Risks," American Lawyer Media cyberSecurity Conference, December 15, 2015

"Big Data: Opportunities, Challenges and Implications for Privacy," Binghamton University Alumni Association, November 19, 2015

"Putting It Together: Running Programs on Social Media, Mobile and Apps," Practising Law Institute's Tracking and Targeting Customers and Prospects Online, on Mobile Devices, and in Social Media 2015, November 18, 2015

"IP Asset Review," New York State Bar Association Intellectual Property Section’s IP Due Diligence in Corporate Transactions Program, November 10, 2015

"A Day in the Life of a Privacy Practitioner," New York Intellectual Property Law Association Webinar, October 22, 2015

"Cyber Security Controls & Liability Practices," Vistage Program, October 7, 2015

"Programmatic Media – The Practical and Legal Perspectives," Davis & Gilbert Digital Media, Technology & Privacy Seminar, Thursday, July 30, 2015

"Programmatic Advertising: The Current Legal Landscape and Evolving Concerns," IAB Legal Affairs and Programmatic Council CLE Webinar, June 17, 2015

PUBLICATIONS

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

Co-Author, "Legal Marijuana: What You Need to Know to Legally Advertise to This Budding Economy," D&G Advertising, Marketing & Promotions Alert, January 2017

Co-Author, "New Copyright Office Regulations Require Websites to Re-Register for DMCA Safe Harbor Protection," D&G Intellectual Property Alert, December 2016

Author, "FTC Report on 'Sharing' Economy Highlights Business Issues and Potential Regulatory Concerns for Platforms, Buyers and Sellers," D&G Digital Media, Technology & Privacy Alert, November 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, "A Fallen Warrior in the Game of Mobile Privacy," D&G Digital Media, Technology & Privacy Alert, October 2016

Author, "Second Circuit Affirms Ruling Holding Affiliate Marketing Network Liable for Its Affiliates' False Claims," D&G Advertising, Marketing & Promotions Alert, October 2016

Author, "Opting Out of Political Advertising: Not So Simple," AdExchanger.com, September 20, 2016

Co-Author, "Internet Retailers Beware: NJ Truth-in-Consumer Contract, Warranty and Notice Act Impacts Online Terms and Conditions," D&G Litigation Alert, July 2016

Co-Author, "EU-U.S. Privacy Shield to Start Accepting Certifications August 1," D&G Digital Media, Technology & Privacy Alert, July 2016

Co-Author, "FTC's First COPPA Action Against Mobile Ad Network Highlights Risks for Operators As Well," D&G Advertising, Marketing & Promotions Alert, July 2016

Author, "Brexit May Complicate Privacy Issues for Ad Tech Companies," D&G Digital Media, Technology & Privacy Alert, June 2016

Co-Author, "Self-Regulatory Principles Applied for First Time to Mobile Apps and Discussed at DAA and ASRC Events," D&G Advertising, Marketing & Promotions Alert, May 2016

Co-Author, "Spotlight on Big Data and Connected," D&G Advertising Law: 2015 Lessons Learned & 2016 Practical Advice

Author, "Agreement on EU-U.S. Privacy Shield to Replace Safe Harbor Faces Hurdles," D&G Digital Media, Technology & Privacy Alert, February 2016

Author, "New FTC Report Highlights Ubiquity of Big Data and Contrasts Negative Impact Versus Substantial Benefits of Big Data," D&G Digital Media, Technology & Privacy Alert, January 2016

Co-Author, "Wyndham Settles FTC's Data Breach Case After Ruling Reinforced FTC's Authority," D&G Digital Media, Technology & Privacy Alert, December 2015

Co-Author, "Failure to Prove Probability of Harm from Alleged Data Breaches Dooms FTC’s Complaint," D&G Digital Media, Technology & Privacy Alert, December 2015

Co-Author, "New DAA Guidance Emphasizes Applicability of Transparency and Control to Cross-Device Advertising Practices," D&G Digital Media, Technology & Privacy Alert, November 2015

Co-Author, "Big Data Discrimination: Is The Industry Responsible?" AdExchanger.com, October 15, 2015

PRESS

Quoted, Law360, "Ashley Madison Pact Spotlights Cross-Border Enforcement," by Allison Grande, December 19, 2016

Quoted, AdExchanger.com, "Facebook Band Ethic Targeting for Credit, Housing, Employment Advertisers," November 11, 2016

Quoted, Influencer Marketing Days, "Gary Kibel on Liability and the Legal Side of Influencer Marketing," by Geno Prussakov, October 20, 2016

Quoted, Bloomberg BNA, "California Raisin' the Stakes on Privacy Policy Compliance," by George R. Lynch, October 20, 2016

Quoted, SC Magazine, "A New Ethics?: Moral Compass," by Lee Sustar, October 3, 2016

Quoted, AdExchanger.com, "Will Publishers Ever Get A Successful Day In Court Against Ad Blockers?" August 2, 2016

Quoted, AdExchanger.com, "UK Telco Tests Network-Level Ad Blocking, As Ad Industry Awaits The Fallout," June 15, 2016

Quoted, SC Magazine, "Breach: Before and After," by Jesse Staniforth, March 1, 2016

Quoted, AdExchanger.com, "US And EU Officials Agree On New “Privacy Shield” Data Transfer Pact," February 2, 2016

Quoted, Bloomberg BNA's Social Media Law & Policy Report, "'Native' Ad Formatting Can Be Unlawfully Deceptive: FTC," December 23, 2015

Quoted, Law360, "FTC Refines Data Security Standard In Record LifeLock Fine," December 18, 2015

Quoted, Business Insurance, "E.U. Order Complicates Multinational Personal Data Sharing for Thousands of Firms," October 13, 2015

Quoted, Law360, "Free Apps Shielded From Privacy Claims In 11th Circ. Ruling," October 13, 2015

Quoted, AdExchanger.com, "With No Safe Harbor, U.S. Brands Will Struggle Through Choppy Atlantic Seas," October 6, 2015

Quoted, InsideCounsel, "Digital Advertising Alliance's Mobile Privacy Enforcement starts this September," May 19, 2015

Quoted, ACEDS.org, "Tension Between Client Confidentiality, Public Disclosure Stifling Law Firm Cyber-Breach Reporting," April 16, 2015

Quoted, Law360, "Hulu's Win Won't Halt Video Privacy Class Actions," April 1, 2015

Quoted, Benzinga.com, "Specialist: Pangea Alliance Against Google, Facebook, Twitter Is Just The Beginning," March 26, 2015

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

New York City Bar Association
International Association of Privacy Professionals
Bloomberg BNA Social Media Law & Policy Report Editorial Advisory Board

BAR ADMISSIONS

New York
New Jersey
Connecticut

EDUCATION

Certified Information Privacy Professional (CIPP)
Brooklyn Law School, J.D., 1999
Binghamton University, School of Management, M.B.A., 1992
Binghamton University, B.A., 1990


The Legal 500 - The Clients Guide to Law Firms