Richard S. Eisert

Richard S. Eisert


Davis+Gilbert LLP

Recognized since 2019

New York, New York

Practice Areas

Advertising Law

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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.

Contact & Links
Location
  • 1675 Broadway
    New York, NY 10019
Education
  • Harvard University, J.D., graduated 1991
  • Harvard University, B.A., graduated 1988

Davis+Gilbert LLP
Headquarters: New York, New York

21 The Best Lawyers in America® awards

5 Best Lawyers: Ones to Watch® in America awards

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Recognized in The Best Lawyers in America® 2024 for work in:
  • Advertising Law
Additional Areas of Practice:
  • Information Technology Law
  • Media Law
  • Privacy and Data Security Law

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Publications

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