Kyle Kessler
Senior Associate
Los Angeles
Kyle provides proactive counseling to guide clients through the potential risks and liabilities in connection with data security and privacy, including federal and state laws such as the California Consumer Privacy Act (CCPA) and the EU General Data Protection Regulation (GDPR).
She works with clients to develop internal privacy and security compliance programs, including assisting with privacy audits and data mapping, valuating privacy and security risks in corporate transactions, drafting and negotiating data-related vendor and arrangement contracts, meeting with teams to assist with privacy by design, developing internal and external privacy policies for employees, customers, and contractors, drafting and training on the implementation of consumer rights requests, and developing comprehensive security programs and policies. Many of her clients are international, and she regularly advises them on data governance and transfer issues in countries around the world, including assisting clients with navigating the EU General Data Protection Regulation (GDPR).
Kyle partners with her clients to provide practical business counsel, with an in-house and outside counsel perspective. She regularly counsels startups and tech companies through the funding life cycle, or in connection with the launch of innovative technology, products, or platforms. With a background in marketing, public relations and communications, she brings over a decade of business acumen and experience to her work.
With a robust consumer protection practice, Kyle regularly advises clients on print advertisements, product placement and media agreements, endorsements, credit card processing requirements, gift card governing regulations, loyalty programs, claim substantiation, and retail sales laws for brick-and-mortar and online channels. Kyle also assists clients in developing, implementing, and administering all aspects of promotions and customer-facing programs, including price comparisons, rewards programs, influencer programs, contests and sweepstakes, and text messaging campaigns. She also assists clients in developing disclosure and consent frameworks in compliance with privacy and consumer protection regulations.
Before joining Orrick, Kyle was an in-house attorney at a Forbes 100 Largest Private Companies, and has experience in the retail industry working in, among other things, data protection, incident response, unfair and deceptive trade practices, retail laws, and consumer protection matters.
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Kyle’s work encompasses privacy, security, consumer protection, and advertising regulations on a state, federal, and international level, including:
- California Consumer Privacy Act (CCPA)
- California Privacy Rights Act (CPRA)
- Children's Online Privacy Protection Act (COPPA)
- Computer Fraud and Abuse Act (CFAA)
- Contest and Sweepstakes Laws
- Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM)
- Electronic Communications Privacy Act (ECPA)
- EU's General Data Protection Regulation (GDPR)
- False, Misleading, or Deceptive Acts or Practices
- Federal Trade Commission Act (FTC)
- Health Insurance Portability and Accountability Act (HIPAA)
- Health Information Technology for Economic and Clinical Health Act (HITECH)
- Restore Online Shoppers' Confidence Act (ROSCA)
- Retail Sales Laws
- Self-Regulatory Frameworks (Advertising and Payment Card Processing)
- State Breach Notification and Security Laws
- Telephone Consumer Protection Act (TCPA)
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A representative selection of Kyle’s experience includes the following:
- Privacy. Kyle counsels her clients on general issues related to web and in-store data collection, behavioral data, AI in biometrics and security, and multinational rules, regulations, privacy-by-design processes, and best practices governing privacy and security.
- Compliance. Kyle conducts general privacy audits in connection with specific consumer-facing programs, and assists clients in developing internal and external privacy policies for employees and customers, as well as overall compliance programs.
- Sales. Kyle has advised companies on print advertisements, product placement and media agreements, endorsements, credit card processing requirements, gift card governing regulations, loyalty programs, claim substantiation, and sales laws for both brick-and-mortar and online channels.
- Consumer Protection. Kyle also assists clients in developing, implementing, and administering all aspects of promotions and customer-facing programs, including price comparisons, rewards programs, contests, and sweepstakes. She drafts terms and conditions that protect clients’ interests, and routinely reviews assets such as direct mail, in-store assets, websites, and banner advertisements related to promotions.
- Marketing. Kyle counsels on marketing and advertising matters, using her experience in reviewing marketing assets in both digital and print, advertisement campaigns in all mediums and paid and organic social media, with emphasis in influencer programming. She also assists clients in developing disclosure frameworks that comply with privacy and marketing regulations.
