Kyle Kessler draws on her in-house and outside counsel experience to advise national and international companies across industries on transactional and regulatory compliance, focusing on privacy, cybersecurity, and consumer protection. A certified privacy professional with a marketing communications and public relations background, clients turn to her for counsel that blends practical business solutions with effective legal strategies.
Together with her clients, Kyle develops comprehensive privacy and security compliance programs and policies that meet their obligations internationally (e.g., GDPR) and under U.S. federal (e.g., CAN-SPAM, COPPA, HIPAA, FTC, TCPA) and state laws (e.g., CCPA, CPRA, MHMD). That experience encompasses:
- Privacy and Cybersecurity: Counsel on complex issues relating to data collection and processing, online tracking technologies, biometric and consumer health laws, AI systems, multinational regulations, privacy-by-design processes, proactive and post-breach counseling, and corporate governance.
- Compliance: General privacy audits of consumer-facing programs and development of internal and external privacy policies and compliance programs, including risk assessments, data mapping, and responding to regulator requests and investigations.
- Sales: Review and counsel regarding print advertisements, product placement and media agreements; payment processing; loyalty, awards, and promotions; and federal regulations affecting brick-and-mortar and online businesses.
- Consumer Protection: Promotions and customer-facing programs, including price comparisons, rewards programs, contests, and sweepstakes; asset review (e.g., related direct mail, in-store assets, websites, and banner advertisements); SMS text messaging (B2B and B2C).
- Marketing: Marketing and advertising matters, with a focus on influencer programming and disclosure frameworks that comply with relevant regulations.
Kyle also conducts diligence activities for corporate transactions and regularly advises tech companies and startups on the funding lifecycle and corporate compliance post-closing related to privacy and cybersecurity.
Before private practice, Kyle was an in-house attorney at a multinational fast-fashion retailer, where she gained experience in data protection, incident response, unfair and deceptive trade practices, retail laws, and consumer protection matters.
