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Now I Know My SDKs: Legal Considerations for Use of Tracking Tech for Analytics & Advertising

SKU: IP6700
General Credits
  • Instant Online Access
  • All Your Devices
  • DVD & CDs
  • iOS & Android App
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This CLE program will explore privacy and advertising considerations around the use of Software Development Kits (SDKs) and related tracking technologies in your apps.

We will explore all things SDK including:

  • What are SDKs and how do companies use them for analytics, advertising, and other functionalities?
  • Why are third party SDKs resulting in lawsuits and PR concerns? For example, Zoom’s use of the Facebook SDK led to legal claims.
  • What type of notice and choice do SDKs require?
  • How should you address sensitive categories of information, such as children’s data and health data?
  • How will the CCPA and Do Not Sell obligations impact the use of SDKs?
  • What should you consider when negotiating contracts regarding SDKs? How do the Standard IAB Terms apply?

Lecturer Bios

Daniel M. Goldberg, Esq.

Daniel M. Goldberg is counsel to the Privacy & Data Security Group, and a co-chair of the LA chapter of the International Association of Privacy Professionals.

Mr. Goldberg represents clients in a broad spectrum of privacy and data security matters. He structures and negotiates complex agreements involving the collection, use, storage, and monetization of confidential data. He helps clients develop privacy and data security programs and policies, conduct privacy due diligence in connection with fundraising and acquisitions, and respond to data breaches and regulatory inquiries. He also works with organizations to address cross-border data transfers, the European General Data Protection Regulation (GDPR), the Vermont Data Broker law, and the new California Consumer Privacy Act (CCPA) effective January 2020.

Mr. Goldberg has special expertise in the advertising, media, entertainment, and interactive industries. He counsels advertisers, publishers, and technology providers on ad-tech issues, including programmatic, data onboarding, API calls, and SDK integration. He advises brands and media companies on legal concerns relating to mobile apps, smart home devices, and wearables, such as collection and use of children’s information and health data. He works with video game developers and platform operators to address industry-specific concerns, such as player account linking, augmented reality, and virtual reality.

Mr. Goldberg is a frequent speaker on chatbots, entrepreneurship, emerging technologies, and privacy issues. He has guest lectured at the University of Southern California and spoken at programs sponsored by the National Advertising Division, the Association of National Advertisers, the Brand Activation Association, the American Bar Association, Digital Content Next, Children’s Advertising Review Unit, Practicing Law Institute, Beverly Hills Bar Association, Association of Media & Entertainment Counsel, International Association of Privacy Professionals, and Social Media Week. He has written articles published by LA Lawyer Magazine, Computer Law Reporter, and ISSA Journal, and is a contributor to the Media Law Resource Center. He is also a contributor to the Firm’s Focus on the Data and Advertising Law Updates blogs.

Prior to joining Frankfurt Kurnit, Mr. Goldberg worked at BakerHostetler and Bryan Cave, where he frequently appeared in federal and state court litigation. He also helped launch a technology startup, which was acquired by a multi-national company in 2016. Mr. Goldberg combines his litigation roots, technical understanding of advertising technology, and insider’s perspective on the technology sector to deliver cost-efficient representation for his clients.

Mr. Goldberg is a graduate of University of California Los Angeles and University of Southern California School of Law. He is certified as an Information Privacy Professional (CIPP/US) and admitted to practice in California.

Amy Lawrence, Esq.

Amy Lawrence is counsel to the Privacy & Data Security Group.

Ms. Lawrence advises clients across industries in privacy and data security matters involving the collection, storage, and use of data. She works with clients to develop privacy and data security programs and policies, respond to data breaches and regulatory inquiries, and conduct privacy due diligence. Her practice places her on the cutting edge of privacy and data security law, regularly advising on the EU General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) to build appropriate compliance programs and procedures. She also has significant experience advising on advertising and ad-tech matters, with a particular focus on the collection and use of children’s information and the Children’s Online Privacy Protection Act (COPPA).

Prior to joining Frankfurt Kurnit, Ms. Lawrence worked as an associate with Morrison & Foerster and Davis & Gilbert. Her practice has included commercial litigation and regulatory enforcement matters focused on false advertising, unfair competition, and data privacy matters, as well as advising clients on all areas of advertising, data security, and privacy issues. She also previously worked in traditional and digital advertising agencies before becoming an attorney. Ms. Lawrence received her J.D. from Fordham University School of Law, and her B.A. from the University of Pittsburgh. She is certified as an Information Privacy Professional (CIPP/US), and is admitted to practice in California and New York.

Rayna S. Lopyan, Esq.

Rayna S. Lopyan is counsel to the Advertising, Marketing & Public Relations and Privacy & Data Security Groups. She focuses on advertising, branded entertainment, and intellectual property matters, and privacy and data security concerns.

Ms. Lopyan handles the full gamut of advertising industry agreements. She structures and negotiates creative services agreements, commercial production agreements, sponsorship and event promotion agreements, celebrity talent and on-camera agreements, content distribution agreements, media agreements, and content/music releases and licenses. She also regularly advises clients on IP clearance, advertising copy, claims substantiation, network clearance, and regulatory compliance issues, and helps clients clear and use trademarks in advertising. Finally, Ms. Lopyan has also assisted in defending clients in advertising disputes brought by competitors before the National Advertising Division (NAD).

Ms. Lopyan also advises companies on privacy and data security issues. She regularly drafts privacy policies, terms of use, and data license agreements, and advises brands, agencies, and other clients on privacy inquiries related to marketing emails, children’s privacy, vendor auditing, compliance with privacy standards governing data collection and use, and cross-border transfers of data. She also assists clients facing data security breaches and, most recently, represented a major US airline in a data security incident involving the theft of sensitive human resources information.

Prior to joining Frankfurt Kurnit, Ms. Lopyan was a litigation associate at Debevoise & Plimpton LLP, where she focused on intellectual property, data privacy, and employment matters. While at Debevoise, Ms. Lopyan worked with numerous clients in the fashion industry. Past representations include Yves Saint Laurent, in defeating a motion for a preliminary injunction by Christian Louboutin over YSL’s red-soled shoes, and subsequently obtaining dismissal of all claims by the Court of Appeals for the Second Circuit, and Kate Spade, in successfully defeating a trademark infringement challenge against its Kate Spade Saturday mark. Ms. Lopyan was also an active member of the firm’s Privacy and Data Security practice and represented a major US retail chain in connection with a cyber-attack which resulted in the theft of millions of credit card numbers.

Ms. Lopyan is active on the UJA Federation Young Lawyers Leadership Committee and Setting the Bar Speaker Series. She is also a member of the Fashion Law Committee and Consumer Affairs Committee both of the New York City Bar Association. Ms. Lopyan assisted in drafting the “Litigation Strategies in Fashion Law” chapter for the book Fashion Law: A Guide for Designers, Fashion Executives, and Attorneys, 2d ed. and another chapter on “Digital Workplace Privacy” for the PLI Privacy Law Answer Book, 2017 ed. She has guest-lectured on advertising law for the Rutgers Law School Fashion Law seminar and IP contracts for the Fordham Law School IP Transactions seminar. Ms. Lopyan is a graduate of Columbia University School of Law (JD, 2010), where she was a Harlan Fiske Stone Scholar and a member of the Columbia Business Law Review, and University of Pennsylvania (BA, summa cum laude, 2007). During law school, Ms. Lopyan served as a judicial intern for the Hon. Richard J. Sullivan of the Southern District of New York.

She is admitted to practice in New York and New Jersey.

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