D. Reed Freeman Jr.

Client Work

Privacy

• Represented a technology company in an FTC privacy investigation 
• Represented a DNA/Genealogy company in an FTC privacy investigation 
• Represented an adtech company in an FTC privacy investigation regarding cookieless tracking technologies 
• Represented a developer of a widely distributed app in an FTC privacy and data security investigation 
• Represented an online advertising technology vendor in an FTC investigation involving the collection and use of GPS data 
• Represented a major hardware and software maker in an FTC investigation regarding the use of cookieless tracking technologies 
• Negotiated a favorable settlement for a privacy services company in an FTC investigation 
• Defended a food and beverage company against a Children’s Online Privacy Protection Rule (COPPA) investigation 
• Defended a mobile application against an FTC privacy investigation 
• Defended a client in an FTC investigation regarding the use of cookies
• Negotiated a favorable settlement in an FTC COPPA case involving online virtual worlds 
• Defended an online services company in an FTC investigation 
• Defended an online retailer against an FTC privacy investigation 

Information Security

• Represented a technology company in an FTC data security investigation 
• Represented a major retailer in an FTC data security investigation 
• Negotiated a favorable settlement for a hardware and software manufacturer 
• Negotiated a favorable settlement in an FTC investigation of an application’s security practices 
• Represented a major software company in a data security investigation 
• Defended a professional services company against a detailed investigation following a large breach 

Advertising

• Represented a technology company in an FTC advertising investigation 
• Representing a large manufacturer in an FTC advertising investigation 
• Represented a major hospitality company in a state attorney general investigation 
• Negotiated a favorable settlement for a consumer services company 
• Negotiated a favorable settlement in an FTC advertising investigation of a clothing manufacturer 
• Defended a client against an FTC investigation relating to recent amendments to the Telemarketing Sales Rule
• Negotiated a favorable settlement in an FTC negative option marketing case 
• Negotiated a favorable settlement of the FTC’s first online incentive marketing case 
• Defended a client against a “Made in USA” investigation 

General Counseling Work

• Advise clients on compliance with US state privacy laws in California, Colorado, Connecticut, Nevada, Utah, and Virginia
• Advise clients on compliance with privacy laws around the globe and GDPR compliance
• Assisted a client in the development of a consumer-facing privacy resource center
• Assisted an online marketplace in creating a privacy resource center for use by employees throughout the organization
• Assisted with the development of a cross-device advertising cooperative
• Assisted multiple companies in connection with internet-based advertising, multi-site advertising, cross-app advertising, and cross-device tracking
• Assisted a major retailer with affiliate marketing compliance across multiple affiliates
• Defended an online advertising company and a major pharmaceutical company in a CBBB Accountability Program investigation under Digital Advertising Alliance (DAA) Principles for the Self-Regulation of Online Behavioral Advertising
   

Publications, Presentations & Recognitions

Publications

• “On the Road With Generative AI: Key Legal Considerations for the Automotive Industry,” Managing Automotive Blog (Jul. 26, 2023)

• “Data Scraping, Privacy Law, and the Latest Challenge to the Generative AI Business Model,” Privacy Counsel (Jul. 17, 2023)

• “Generative Artificial Intelligence, Automated User Interfaces, and the New Laws of Dark Patterns,” Privacy Counsel (Jun 29, 2023)

• “Generative Artificial Intelligence, Data Minimization, and the Gold Rush of the Early 2020s,” Privacy Counsel (Jun. 9, 2023)

• “What FTC’s Data Actions Say About Tracker Enforcement,” Privacy Counsel (May 10, 2023)

• “February Privacy Report: FTC Expands Its Use of “Unfairness” Authority in GoodRx Matter,” Privacy Counsel (Mar. 1, 2023)

• “2023 Resolution: Review & Update Your Privacy Program,” Privacy Counsel (Jan. 19, 2023)

• “December 2022 AFS Privacy Report: Pandora’s Virtual Try-On Tool Leads to BIPA Class Complaint,” Privacy Counsel (Dec. 12, 2022)

• “Class Action Year in Review: BIPA Class Actions,” Privacy Counsel (Dec. 9, 2022)

• “October 2022 AFS Privacy Report: California Privacy Protection Agency Releases Updated Draft Regulations Ahead of October 28-29 Board Meeting,” Privacy Counsel (Oct. 24, 2022)

Presentations

• “Overview and Update on Data Privacy Laws, Hotel Lodging and Legal Summit, Washington, DC; with Jeffrey L. Poston, Crowell & Moring LLP, Courtney Ingraffia Barton, Vice President & Senior Counsel, Privacy & Data Security, Global Compliance, Marriott International, Inc., Jim Halpert, General Counsel, Office of the National Cyber Director, the White House (Oct. 26, 2023)
• “The Emerging Regulatory Environment for Generative Artificial Intelligence,” ESPC Fall Conference, Washington, DC (Oct. 24, 2023)
• “Hot Topics in Privacy Enforcement: Key Trends in FTC, State, and Private Enforcement,” Privacy + Security Spring Forum, Washington, DC; Presenters: Tracy Pulito, Global Privacy Counsel, IPG, and Michelle Bowling, Associate, ArentFox Schiff LLP (May 11, 2023)
• “Not All Risk Is Created Equal: Insight Into Privacy Enforcement Priorities For 2023,” Inbox Expo, Valencia, Spain, (Feb. 27, 2023)

• “Hot Topics in Privacy Enforcement,” Privacy + Security Academy’s Spring Forum (May 11, 2023)

• “Illinois Supreme Court Holds That Every Unlawful Biometric Scan or Transmission is Separate BIPA Claim,” The National Law Review (Feb. 21, 2023)

• “Back to the Future: Navigating the Most Aggressive FTC in Over 40 Years,”2022 IAPP Privacy. Security. Risk. Conference, Austin, TX (Oct. 2022)

• “The Regulation of Online and Mobile Tracking a Targeting Globally in 2022,” IAPP Global Privacy Summit (2022) 

• “Operationalizing Individual Rights,” IAPP CCPA Comprehensive Live Online (2019)

• “CCPA and Its Progeny: States Take Control While Congress Weighs a Broad New Law,” IAPP Privacy. Security. Risk. (2019)

• “Fireside Chat with Andrew Smith, Director, FTC Bureau of Consumer Protection,” IAPP Global Privacy Summit (2019)

• “The EU ePrivacy Regulation: Current Status and New Expectations for AdTech,” IAPP Privacy. Security. Risk. (2018)

• “Tracking and Profiling in 2017, 2018, and Beyond: EU, USA, and Asia,” IAPP Privacy. Security. Risk. (2017)

Recognitions

• Chambers USA - Privacy and Data Security (Band 1), Nationwide (2008-Present); Spotlight Table, Privacy & Data Security: ADTECH, Nationwide 
• Chambers Global - Privacy and Data Security (Band 1), USA 
• Legal 500 - Media, Technology and Telecoms – Cyber Law (including data privacy and data protection) (2016-2022)
• The Best Lawyers in America - Lawyer of the Year, Privacy and Data Security Law, Washington, DC (2021, 2024); Privacy and Data Security Law (2021–2024); Advertising Law (2009–2024)
• Client Service All-Star, BTI Consulting Group (2022)
• Super Lawyers - Administrative Law, Washington, DC
• Best of the Best, Privacy and Data Protection, Global, Expert Guides (2021)
• Best of the Best, Privacy and Data Protection, USA, Expert Guides (2021)
• Law360 Distinguished Legal Writing Award, Burton Foundation (2019) (Awarded for co-authoring “Monitoring Mobility—The Current and Future Regulatory Landscape for Advanced Automotive Tech”)
• Trailblazer, Regulatory & Compliance, National Law Journal (2015)
• Top Attorney, Cybersecurity, Washingtonian (2015)
• FTC Compliance Lawyer of the Year, Washington, DC, Corporate International Magazine (2017)

Boards, Memberships & Certifications 

Memberships

• International Association of Privacy Professionals, Privacy Bar Section Advisory Board, Member
• Department of Homeland Security, Data Privacy and Integrity Advisory Committee, Former Member

Certifications

• Certified Information Privacy Professional, International Association of Privacy Professionals (IAPP) 

Professional Activities

• Staff Attorney, Bureau of Consumer Protection, Federal Trade Commission
• Westin Emeritus Fellow, International Association of Privacy Professionals (IAPP)
• Fellow, Ponemon Institute
• Fellow, American Bar Foundation
• Former Adjunct Professor, Privacy and Advertising Law, George Mason School of Law
   

In The News

Reed has been quoted by a number of media outlets. This includes:

• FTC’s Health Privacy Efforts Raise Specter Of Litigation, Law360, June 8, 2023

• Legal Tech’s Predictions for Privacy in 2023, Law.com, January 17, 2023

Life Beyond the Law

Outside of work, Reed enjoys fishing on mountain streams near his farm in Madison County, Virginia.