Freeman_Reed

D. Reed Freeman, Jr.

Freeman_Reed

D. Reed Freeman, Jr.

Partner

  • Co-Chair, Cybersecurity and Privacy Practice
  • Co-Chair, Big Data Practice

Reed Freeman, Jr. is a leading authority on privacy, cybersecurity, and the privacy aspects of advertising online, on mobile devices, in social media, and on connected devices such as smart TV. Mr. Freeman serves as co-chair of the firm's Cybersecurity and Privacy Practice and Big Data Practice.

Mr. Freeman has extensive experience defending clients in FTC and state consumer protection investigations and data breach responses. He also counsels clients on compliance with FTC and state trade regulation issues, state privacy and data security laws, including counseling on compliance with California’s new Privacy Protection Act (CCPA), privacy and data security compliance around the globe, and advertising and privacy self-regulatory codes. His clients include retailers; hospitality companies; financial institutions; software companies; hardware manufacturers; online, mobile and social media publishers and advertisers; online, mobile, and social media application developers; data aggregators; advertising technology companies; advertising trade associations; industry coalitions and seal providers; and social media-based advertising service companies. He also represents clients in false advertising disputes before the National Advertising Division of the Council of Better Business Bureaus, Inc. and the National Advertising Review Board.

Mr. Freeman previously worked in the FTC's Bureau of Consumer Protection as a staff attorney, and as chief privacy officer and vice president for legislative and regulatory affairs for Claria Corporation, an online advertising software company. 

Mr. Freeman has been called a Regulatory & Compliance Trailblazer by The National Law Journal, and is consistently recognized by Chambers & Partners (Band 1), Legal 500, Best Lawyers in America, Washington DC Super Lawyers  and Washingtonian magazine.

Professional Activities

Mr. Freeman is a member of the International Association of Privacy Professionals' Privacy Bar Section Advisory Board and is on the Board of Editors for the new Cybersecurity Law & Strategy. He is the co-author of CCH's Advertising Law Guide and Privacy Law for Marketers, and previously served as an adjunct professor of privacy and advertising law at George Mason School of Law. He is a fellow of the Ponemon Institute, an organization dedicated to independent research that advances responsible information, privacy and security management practices in business and government. He previously served as a member of the Department of Homeland Security's Data Privacy and Integrity Advisory Committee.

  • WilmerHale Privacy and Cybersecurity Law Blog

    Mr. Freeman is a frequent contributor to WilmerHale's Privacy and Cybersecurity Law Blog, which addresses cybersecurity, privacy and communications developments around the world.

    Read More
  • Four WilmerHale Lawyers Win Distinguished Legal Writing Award by the Burton Foundation

    Partners Jason Chipman, Reed Freeman, Todd Zubler and Senior Associate Allison Aviki were honored with the Burton Foundation’s 2019 Law360 Distinguished Legal Writing Award.

    May 30, 2019
    Read More
  • Global Investigations Review: The Guide to Cyber Investigations

    Reed Freeman, Benjamin Powell and Maury Riggan authored the chapter, “FTC Investigations and Multistate AG Investigations.”

    July 16, 2019
    Read More

Experience

  • Privacy

    • Represented DNA/Genealogy company in an FTC privacy investigation. Case closed. (2018-2019)
    • Represented adtech company in an FTC privacy investigation regarding cookieless tracking technologies. Case closed. (2016-2017)
    • Represented developer of widely distributed app in FTC privacy and data security investigation. Case closed. (2016)
    • Represented online advertising technology vendor in FTC investigation involving collection and use of GPS data. Case closed. (2014)
    • Represented major hardware and software maker in FTC investigation regarding the use of cookieless tracking technologies. Case closed. (2017)
    • Negotiated favorable settlement for privacy services company in FTC investigation. (2014)
    • Defended COPPA investigation against food and beverage company. Case closed. (2014)
    • Defended FTC privacy investigation of mobile application developer. Case closed. (2011)
    • Defended a client in an FTC investigation regarding use of cookies. Case closed. (2011)
    • Negotiated favorable settlement in an FTC COPPA case involving online virtual worlds. (2011)
    • Defended online services company in an FTC investigation. Case closed. (2011)
    • Defended FTC privacy investigation of online retailer. Case closed. (2010)
  • Information Security

    • Represented major retailer in FTC data security investigation. Case closed. (2017)
    • Negotiated favorable settlement for hardware and software manufacturer. (2015)
    • Negotiated favorable settlement in FTC investigation of an application's security practices. (2014)
    • Represented major software company in data security investigation. Case closed. (2014)
    • Defended detailed investigation of professional services company following large breach. Case closed. (2013)
  • Advertising

    • Currently representing large manufacturer in an FTC advertising investigation. (2019)
    • Represented a major hospitality company in a state AG investigation. Resolved. (2018)
    • Helped negotiate favorable settlement of consumer services company. (2015)
    • Negotiated favorable settlement in FTC advertising investigation of a clothing manufacturer. (2014)
    • Defended a client in an FTC investigation relating to recent amendments to the Telemarketing Sales Rule. (2011)
    • Negotiated a favorable settlement in an FTC negative option marketing case. (2009)
    • Negotiated a favorable settlement of the FTC's first online incentive marketing case. (2007)
    • Defended a client in a “Made in USA” investigation. Case closed. (2007)
  • General Counseling Work

    • Assisting clients in navigating the CCPA and state look-alike bills pending in multiple legislatures and on the prospects of new comprehensive Federal Privacy Legislation.
    • Assisted clients with development of globally compliant privacy programs.
    • Counseled clients on preparing for the GDPR and forthcoming ePrivacy Regulation.
    • Assisted clients with self-certifying to the Privacy Shield.
    • Assisted client in the development of a consumer-facing privacy resource center.
    • Assisted clients in drafting Written Information Security Policies.
    • Counseled clients on compliance with the Video Privacy Protection Act (VPPA) as it applies to online and mobile streaming.
    • Counseled clients on COPPA compliance.
    • Counseled clients on GLBA compliance.
    • Counseled clients on application of the CAN-SPAM Act to social media.
    • Assisted clients with compliance with CASL.
    • Assisted clients in M&A privacy work, including due diligence, representations and warranties, and review of the deal documents.
    • Drafted SEC disclosures applicable to privacy and data security.
    • Assisted clients on negotiating privacy and security terms of agreements.
    • Assisted with the development of a cross-device advertising cooperative.
    • Assisted online and mobile app developers in creating innovative privacy disclosures.
    • Assisted an online marketplace in creating a privacy resource center for use by employees throughout the organization.
    • Assisted multiple companies in connection with Internet-Based Advertising, Multi-Site Advertising, Cross-App Advertising and Cross-Device Tracking.
    • Assisted financial institutions with FTC-related requirements relating to advertising and marketing.
    • Assisted major retailer with affiliate marketing compliance across multiple affiliates.
    • Assisted behavioral advertisers in contract negotiations with publishers and advertisers, and in connection with applications for Network Advertising Initiative (NAI) membership.
    • Assisted online publishers in negotiations with agencies and ad targeting companies.
    • Defended online advertising company in CBBB investigation under DAA Principles for the Self-Regulation of Online Behavioral Advertising.

Recognition

  • Award Text

    FTC Compliance Lawyer of the Year

    Corporate Intl Magazine

    2017

  • Award Text

    Elite Leading Lawyer for Media, Technology and Telecoms: Cyber Law

    The Legal 500 United States

    2017-2018

  • Award Text

    Top Lawyer for Privacy and Data Security

    Chambers Global

    2018-2019

  • Burton Award winner as co-author of “Monitoring Mobility—The Current and Future Regulatory Landscape for Advanced Automotive Tech” (2019)
  • Named to the inaugural Legal 500 US Hall of Fame list in 2017
  • Recognized by Chambers USA and Chambers Global (Band 1) for privacy and data security practice. Reed Freeman "is smart, practical, and understands business in a way that many lawyers do not; he is a calming influence rand provides invaluable advice," according to clients. He is highlighted for his regulatory experience, including in the advertising and marketing sector. "He is a privacy savant," says a source: "he has things committed to memory that I couldn't possibly recall. He gives thoughtful answers and he understands the business aspect of my questions as well." Sources also say he is a "strong lawyer" who has "'breathtaking knowledge' of offline and online privacy issues."
  • Recognized as an elite leading lawyer and recommended in the areas of government relations, cyber law, data protection and privacy, and telecoms and broadcast: regulatory in the 2016–2018 editions of The Legal 500 United States
  • Consistently listed among the Best Lawyers in America
  • Recognized as a Regulatory & Compliance Trailblazer by The National Law Journal
  • Named a Top Attorney by Washingtonian magazine
  • Named a Fellow of the American Bar Foundation, an independent non-profit organization among the world’s leading research institutes for the empirical and interdisciplinary study of law
  • Received 2017 Corporate Intl Magazine Global Award for "FTC Compliance Lawyer of the Year in Washington DC"
  • Recognized for his administrative law practice by Washington DC Super Lawyers

Insights & News

Credentials

  • Education

    • JD, University of Virginia School of Law, 1993

    • BA, History, University of Richmond, 1990

  • Admissions

    • District of Columbia

    • Virginia

  • Clerkships

    • The Hon. Claude M. Hilton, US District Court for the Eastern District of Virginia, 1993 - 1994

Credentials