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Tracy Marshall counsels international and domestic for-profit and non-profit clients on a range of privacy, data security, advertising, promotions, and intellectual property matters. She also advises on general corporate and transactional matters.

Tracy assists clients with compliance and advocates on their behalf. She is a Certified Information Privacy Professional (CIPP/US) through the International Association of Privacy Professionals (IAPP) and helps clients implement privacy, data security, and security breach response programs, develop internal and public-facing privacy policies to comply with applicable laws, respond to cyber and data security incidents, and manage relationships with service providers and third parties. Tracy advises on structuring and conducting email and text messaging campaigns, sweepstakes, contests, and other promotions, and she helps clients protect and enforce their intellectual property rights.

In addition, Tracy counsels clients on corporate matters and assists with structuring and negotiating a variety of transactions, including licensing, marketing, and outsourcing arrangements.

Tracy is frequently invited to speak at privacy, data security, telecommunications, and advertising conferences and is a contributor to Keller and Heckman’s Consumer Protection Connection blog and Beyond Telecom Law Blog.


To learn more about Tracy's practice areas, click here.

Online talent search company Explore Talent just landed in the spotlight of the Federal Trade Commission (FTC). The Vegas-based company was charged with violating the Children’s Online Privacy Protection Act (COPPA), which requires that companies collecting information online must obtain informed, verifiable parental consent before collecting any information from a child under 13. The company

In the latest round of the ongoing battle between Austrian privacy activist Max Schrems and Facebook, the European Court of Justice (CJEU) ruled that Schrems did not have standing to bring claims on behalf of Austrian consumers over Facebook’s alleged violations of users’ privacy rights. The court did, however, allow for Schrems to continue with

In response to the Equifax data breach last September, when hackers gained access to the personal information of 143 million consumers, Senators Elizabeth Warren (D-MA) and Mark Warner (D-VA) have introduced a bill, The Data Breach Prevention and Compensation Act of 2018, that would ultimately impose security obligations on credit reporting agencies (CRAs).  The

Nearly one year after it was first warned its privacy practices were inadequate under European law, popular messaging platform WhatsApp has been cited with privacy deficiencies for a second time. The Article 29 Data Protection Working Party (WP29), which is made up of data regulators from EU Member States and the Commission, sent a letter

In 2009, Sears Holding Management settled with the Federal Trade Commission (FTC) over allegations that the company’s online tracking activity exceeded what they told consumers. Now, Sears has submitted a petition requesting that the FTC reopen and modify its settlement order, arguing that changing technology since 2009 has made the order’s definition of “tracking

The U.S. Food and Drug Administration (FDA) finalized its recommendations on September 6, 2017 on how to secure interoperable medical devices’ interactions with other devices and information systems. The FDA’s initial guidance, drafted in January 2016, was designed to help manufacturers develop safe, secure information exchange systems in connected medical devices. The updated guidance

When two celebrity gamers endorsed an online lotto service, they didn’t gamble on the Federal Trade Commission’s (FTC) insistence they tell their fans they actually owned the business they were promoting. Now, Trevor Martin and Thomas Cassell, and their company, CSGO Lotto, Inc., have settled charges of deceptive advertising. This is the first case the

Remember those ads from the 80s where an actor would start a medicine endorsement with the disclaimer: “I’m not a doctor, but I play one on TV”? A recent Federal Trade Commission (FTC) settlement order relating to the marketing of the dietary supplements CogniPrin and FlexiPrin is a good reminder about the importance of using

As connected products are increasingly integrated into everyday life, measures to address the security of Internet of Things (IoT) devices continue to evolve. Some of the latest initiatives include the following.
NTIA issues guidance on cybersecurity communications
Last month, as part of an ongoing multi-stakeholder initiative, a working group of the National Telecommunications and Information