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David Bender advises clients on a broad range of privacy and cybersecurity issues, including privacy and cybersecurity compliance obligations, commercial transactions involving personal information and cybersecurity risk, and regulatory inquiries relating to data privacy and security.

Mr. Bender has particular expertise advising sports, media, and technology companies on compliance with federal, state, and international legal frameworks, including practical advice to businesses navigating the rapidly evolving legal landscape. He also regularly represents clients with respect to data privacy and cybersecurity aspects of commercial transactions with service providers and partners.

  • Advises major sports, media, and technology companies on data collection, use, and disclosure practices, including compliance with the Federal Trade Commission Act and other federal, state, and international privacy-related laws.
  • Advises clients, including multiple Fortune 100 companies, on data privacy and cybersecurity terms in commercial agreements with service providers and partners.
  • Represents clients in responding to and successfully resolving Federal Trade Commission (FTC) investigations relating to privacy and cybersecurity issues, including inquiries relating to the FTC Act and the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks (Privacy Shield).
  • Advises multinational companies on international data transfer issues, including under the EU General Data Protection Regulation (GDPR) and the Privacy Shield.
  • Drafts and revises clients’ privacy policies, terms of use, and other privacy-related policies, procedures, and disclosures.
  • Advises clients on contractual implications of cybersecurity incidents involving partners and service providers.
  • Represents sports and media companies on spectrum reallocation proceedings before the Federal Communications Commission.
  • Successfully represented a professional football team in obtaining dismissal of a putative class action lawsuit asserting federal law claims under the Electronic Communications Privacy Act (ECPA).
  • Successfully represented a pharmaceutical company in litigation over rights to a first-in-class gastrointestinal drug.
  • Successfully represented a multinational electronics company in the International Trade Commission in a Section 337 investigation.

Pro Bono

  • Represents non-profit organizations on managing privacy and cybersecurity risks.
  • Advises media and human rights organizations on international freedom of expression standards and best practices.
  • Drafted First Circuit amicus brief on behalf of over thirty media and technology organizations in support of defendant in Yershov v. Gannett Satellite Information Network, Inc., d/b/a USA Today.