Kyle Kessler

Associate

Los Angeles


Read full biography at www.orrick.com

For Kyle Kessler, data privacy is where her passion for the law and for cutting-edge programs meets technology. With a background in marketing, public relations and communications, she translates marketing concepts into legal terms. Kyle brings more than a decade of business acumen and experience to her work, and companies turn to her for advice that blends practical business strategies with in-house and outside counsel perspectives.

As a privacy advisor, Kyle is undaunted by the complexity of state, federal and international data privacy and security requirements. She evaluates and advises clients on data collection, storage, use and transfer, as well as breach laws and regulations. Kyle advises on the Children’s Online Privacy Protection Act (COPPA), California Online Privacy Protection Act (CalOPPA), the new California Consumer Privacy Act of 2018 (CCPA) and on the EU General Data Protection Regulation (GDPR) from a U.S. perspective.

Kyle also advises and collaborates with her clients on general consumer protection and marketing/advertising matters. For instance, she regularly reviews marketing assets to ensure legal compliance across all channels. She also advises on unfair and deceptive trade practices, compliance issues relating to the Federal Trade Commission and the National Advertising Division (NAD) of the Better Business Bureau, the Fair Credit Reporting Act (FCRA), and the Gramm-Leach-Bliley Act (GLBA), as well as on other state and federal laws.

Before joining Orrick, Kyle was an in-house attorney at one of the Forbes 100 Largest Private Companies, and she has experience in the retail industry working in, among other things, data protection, incident response, unfair and deceptive trade practices and consumer-protection matters.

Kyle is an active member of the International Association of Privacy Professionals (IAPP), the LGBT Bar Association of Los Angeles and Women in Security and Privacy (WISP).

Posts by: Kyle Kessler

California Sets the Standard With a New IoT Law

This past September Governor Brown signed into law Senate Bill 327, which is the first state law designed to regulate the security features of Internet of Things (IoT) devices. The bill sets minimum security requirements for connected device manufacturers, and provides for enforcement by the California Attorney General. The law will come into effect on January 1, 2020, provided that the state legislature passes Assembly Bill 1906, which is identical to Senate Bill 327. READ MORE

Making Your Head Spin: “Clean Up” Bill Amends the California Consumer Privacy Act, Delaying Enforcement But Making Class Litigation Even MORE Likely

The California Consumer Privacy Act of 2018 (the “CCPA” or the “Act”), which we reported on here and here continues to make headlines as the California legislature fast-tracked a “clean up” bill to amend the CCPA before the end of the 2018 legislative session. In a flurry of legislative activity, the amendment bill (“SB 1121” or the “Amendment”) was revised at least twice in the last week prior to its passage late in the evening on August 31, just hours before the legislative session came to a close. The Amendment now awaits the governor’s signature.

Although many were hoping for substantial clarification on many of the Act’s provisions, the Amendment focuses primarily on cleaning up the text of the hastily-passed CCPA, and falls far short of addressing many of the more substantive questions raised by companies and industry advocates as to the Act’s applicability and implementation. READ MORE