Davis+Gilbert LLP

Privacy, Technology + Data Security | Advertising + Marketing | Intellectual Property + Media

Partner/Co-Chair

Richard Eisert’s practice sits squarely at the crossroads of technology, advertising and marketing, e-commerce, intellectual property and privacy law. With clients ranging from start-ups to global leaders in the technology, online commerce, new media and advertising industries, Richard offers canny counsel on all aspects of marketing, promoting and selling goods and services.

As a former intellectual property litigator and as counsel to hundreds of businesses, Richard knows that “no risk” solutions rarely exist. He collaborates with client business and legal teams to find solutions with acceptable risk, often functioning like in-house counsel, but with a broad perspective that reflects his experience in multiple client engagements. His thinking and approach are constantly informed by how best to navigate the legal and practical ramifications of a given scenario.

Richard’s technology law practice reflects his broad array of client matters, and includes negotiating platform and licensing deals, technology agreements and media buys involving industry behemoths, advising on financing options for startups, and handling leading-edge deals for data providers, ad tech/proptech and other technology companies. He views his clients’ opportunities, quandaries and ideas with a positive outlook, even in contested and boundary-testing situations such as behavioral advertising and CRM onboarding, location and non-cookie-based targeting. Then he devises a goal-focused plan.

Industry-leading businesses turn to Richard for day-to-day advice on specific legal and regulatory issues impacting their e-commerce and online advertising, including claim substantiation, FTC endorsement and native advertising issues, targeted advertising, and intellectual property ownership and infringement matters. He skillfully navigates complex advertising and promotional issues in highly regulated and cutting-edge areas.

Richard has advised on digital advertising and e-commerce since their inception. In some cases, he helped create the legal infrastructure in which these industries operate. He played a key role in negotiating the industry-standard Interactive Advertising Bureau terms and conditions that serve as the backbone for many online advertising deals and remains active in ongoing industry initiatives. Richard’s efforts have forestalled or addressed regulatory action against companies, kept marketing and sales channels flowing, and preserved and protected clients’ reputations.

Intricately woven into these areas are data and privacy law challenges. Richard advises on the breadth of privacy, data security and regulatory issues arising online, including targeted and behavioral advertising, social media, mobile marketing, affiliate marketing, and other innovative products and services. From Children’s Online Privacy Protection Act guidance for U.S. and foreign entities to CCPA and CPRA advice, Richard offers clear counsel, best practices, and effective strategies to help his clients accomplish their goals while avoiding risks and maintaining compliance. An advisor early on in connection with the California privacy initiatives that resulted in CCPA’s enactment, Richard readily untangles complex, evolving privacy issues for U.S. and non-U.S. clients.

Harvard University, J.D., cum laude, 1991; Harvard University, B.A., magna cum laude, Phi Beta Kappa, 1988