Additional Options

D. Reed Freeman, Jr.

Freeman, D. Reed

Partner

Washington D.C., (202) 887-6948

Education

University of Richmond (B.A., 1990)
University of Virginia School of Law (J.D., 1993)

Bar Admissions

Virginia
District of Columbia

Clerkships

Hon. Claude M. Hilton, U.S. District Court, E.D. Virginia

Reed Freeman is called upon by some of the world’s largest most innovative brands to assist with cutting edge privacy, data security, advertising, and direct marketing issues in the offline, online, mobile, and social media environments.

Mr. Freeman serves as lead counsel in FTC and state consumer protection investigations and negotiations, having handled dozens of such matters since he left the FTC and joined private practice in 1997. He also represents clients in false advertising disputes in federal court and before the National Advertising Division of the Council of Better Business Bureaus, Inc., and the National Advertising Review Board. Mr. Freeman is perennially ranked by Chambers (Band 1) and Legal 500 as one of the country’s leading practitioners in the privacy and data security area, and is frequently called upon to speak as a thought leader in the area.

Mr. Freeman also advises a wide variety of clients on deploying, or hiring vendors to deploy, behavioral advertising, retargeting, location-based advertising, personalized content, the use of analytics, and other uses of online, mobile, and social media tracking and targeting technologies. He also counsels clients on compliance with FTC and state advertising laws, in online, mobile, and social media environments. His clients run the gamut from retailers, software companies, hardware manufacturers, to online publishers, advertisers and advertising service providers (including providers of online and mobile analytics), online and mobile application developers (including those that use location-based data), data aggregators, hospitality companies, companies that offer advertising services based on social media, and an email marketing trade association.

Mr. Freeman’s counseling practice includes advising clients on compliance with FTC and state trade regulation issues, including: the Children’s Online Privacy Protection Act (COPPA), the CAN-SPAM Act, the Telemarketing Sales Rule and its “do not call” rules, the Video Privacy Protection Act (VPPA) and state analogs; California’s Song-Beverly Act, Shine the Light Act, and CalOPPA (including its new Do Not Track elements); state security regulations and data breach notification laws; and self-regulatory principles such as the NAI Code of Conduct, the DAA Self-Regulatory Principles, and self-regulatory principles published by the Council of Better Business Bureaus.

Mr. Freeman is co-author of CCH’s Advertising Law Guide and CCH’s Privacy Law for Marketers. He previously served as staff attorney in the FTC’s Bureau of Consumer Protection and as an adjunct professor of advertising law at George Mason University School of Law. Mr. Freeman received his B.A. from the University of Richmond and his J.D. from the University of Virginia School of Law.


Representative Matters

Recent Defense of FTC Investigations

Privacy

  • Currently representing online advertising technology vendor in FTC investigation. (2014)
  • Currently representing privacy services company in FTC investigation. (2014)
  • Successfully defended COPPA investigation against food and beverage company. Case closed. (2014)
  • Successfully defended FTC privacy investigation of mobile application developer. Case closed. (2011)
  • Successfully 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)
  • Successfully defended online services company. Case closed. (2011)
  • Successfully defended FTC privacy investigation of online retailer. Case closed. (2010)

Information Security

  • Successfully defended FTC privacy investigation of online retailer. Case closed. (2010) 
  • Negotiated favorable settlement in FTC investigation of an application’s security practices. (2014)
  • Currently representing major retailer in FTC data security investigation. (2014) 
  • Currently representing major software company in data security investigation. (2014) 
  • Successfully defended detailed investigation of professional services company following large breach. Case closed. (2013) 

Advertising

  • Currently defending clothing manufacturer in FTC advertising investigation. (2014)  
  • Successfully 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 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 implementing the DAA’s Advertising Option Icon. 
  • Assisted major retailer with affiliate marketing compliance across multiple affiliates. 
  • Assisted major technology companies in transactional due diligence related to privacy and information security. 
  • 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 Code. 
  • Assisted manufacturer in providing international counseling on online behavioral advertising and other uses of online tracking.