People

D. Reed Freeman, Jr.

Partner

Co-Chair, Cybersecurity, Privacy and Communications Practice

Freeman_Reed_lo

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, Privacy and Communications 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, privacy and data security laws 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. He is a member of the International Association of Privacy Professionals' Training Advisory Board and the Board of Editors for the new Cybersecurity Law & Strategy.

Representative Matters

Recent Defense of FTC Investigations

Privacy

  • 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 a major hospitality company in a state AG investigation. (2017)
  • 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)

Sampling of General Counseling Work

  • 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.

Publications & News

View

February 16, 2018

Federal Trade Commission Update: Senate Hearings Reveal No Obvious Hurdles For Commissioner Nominees

The Senate Commerce Committee held a hearing on Wednesday on the nominees to serve on the Federal Trade Commission. The hearing covered a range of antitrust and consumer protection issues before, or potentially before, the Commission, including healthcare competition and pharmaceutical pricing; competition in technology and telecommunications sectors; industry concentration; cybersecurity breaches and privacy; and online or telemarketing deception and scams.

August 16, 2017

WilmerHale Lawyers Named Among the 2018 Best Lawyers in America®, Nine Recognized as Lawyers of the Year

Best Lawyers in America®—the oldest and most respected peer-review publication in the legal industry—recognizes 107 WilmerHale lawyers and names nine partners as Lawyers of the Year in its 24th edition.

August 4, 2017

WilmerHale Represents Fortive in Acquisition of Industrial Scientific Corporation

On July 27, 2017, Fortive Corporation (NYSE: FTV) announced that it signed a definitive agreement to acquire Industrial Scientific Corporation, a leading provider of portable gas detection equipment and a safety-as-a-service pioneer.

June 9, 2017

The Legal 500 United States 2017 Recognizes 125 WilmerHale Lawyers Across 28 Practice Areas

The Legal 500 United States has released its 2017 rankings, recommending 125 WilmerHale lawyers—including 12 who are named to its elite “Leading Lawyers” list and two on its “Next Generation Lawyers” list—and 28 practice areas in its 11th edition.

May 26, 2017

WilmerHale Lawyers and Practices Recognized in 2017 Edition of Chambers USA

Chambers and Partners announced its rankings for the 2017 edition of Chambers USA: America's Leading Lawyers for Business, with WilmerHale listed among the nation's best in 50 practice area categories. Chambers also ranked 86 WilmerHale lawyers as leaders in their respective fields.

March 24, 2017

WilmerHale Lawyers Selected for Inclusion in The Legal 500 US Hall of Fame

Charlene Barshefsky, Reed Freeman, Robert Finkel, Robert Novick, Seth Waxman and William Lee are the six WilmerHale partners who have been selected for inclusion in the inaugural Legal 500 US Hall of Fame.

March 21, 2017

WilmerHale Recognized for Outstanding International Lawyers and Practices in Chambers Global 2017

Chambers Global has named 27 WilmerHale lawyers among "The World's Leading Lawyers for Business" in its 2017 edition.

February 21, 2017

New York Finalizes Cybersecurity Regulations for Financial Institutions

On February 16, the New York State Department of Financial Services (NYDFS) issued cybersecurity regulations for banks, insurance companies and other financial institutions subject to NYDFS jurisdiction. This WilmerHale Client Alert was republished by the Journal of Investment Compliance, Vol. 18, No. 2, 2017.

December 5, 2016

Presidential Cybersecurity Commission Issues Ambitious Policy Roadmap for Next Administration

On December 1, the nonpartisan Commission on Enhancing National Cybersecurity, established pursuant to an Executive Order in February, issued its report, outlining more than 50 recommendations for the next Administration.

August 17, 2016

Self-Regulatory Actions Signal Warning for Mobile Apps That Allow Third Parties to Collect Information for Interest-Based Advertising

An article by Reed Freeman and Patrick Bernhardt, published in Bloomberg BNA's Electronic Commerce & Law Report. discusses two recent actions against mobile application developers for allowing third parties to collect user data for advertising purposes, highlighting a trend of increasing privacy enforcement within the industry.

Honors & Awards

  • 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 (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 and 2017 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
  • 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

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. 

Professional Activities

Mr. Freeman is a member of the International Association of Privacy Professionals' Training 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.

Practices

Skip Navigation Links.

Education

JD, University of Virginia School of Law, 1993

BA, History, University of Richmond, 1990

Bar Admissions

District of Columbia

Virginia

Clerkships

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

Government Experience

Skip Navigation Links.