Kelley Drye & Warren LLP

Looking forward to speaking at ICSC Las Vegas next week on the panel “Navigating Retail Distress: Bankruptcy, Workouts & Asset Protection.” I’ll be joining industry leaders to discuss how landlords, retailers, and restructuring professionals are approaching financial distress, lease negotiations, and asset protection in today’s retail environment. May 18 | 4:00 pm PT | Wynn Las Vegas If you’re attending, I’d welcome the chance to connect.

Big thanks to Bhavna C. and Devin DeBacker for joining me at The NAI Summit for a thoughtful and practical discussion on the DOJ Bulk Data Rule, PADFAA, and the growing intersection of national security and digital advertising. We covered a lot in our speed round: from how regulators are thinking about the national security risks associated with commercially available data, to what “data broker” status means in practice, how companies should approach diligence and technical controls, and where enforcement and guidance may be headed next. One of the most interesting themes throughout the discussion was how quickly cross-border data governance is evolving beyond traditional privacy compliance into a broader national security issue.

AI Hiring Tools and the Litigation Risk Employers Aren't Ready For When an employer uses an opaque algorithm to screen applicants and can't explain how decisions were made, the litigation math changes. A recent incident involving an AI residency matching platform, where a candidate reverse-engineered the system using publicly available tools, illustrates exactly how that plays out. The "user clicked too fast" defense isn't going to hold up in front of a jury. https://lnkd.in/e-96zSS2

Looking forward to participating in the NAI Summit in DC next month, where I am moderating the panel "Geopolitics, Data, and Digital Advertising: Navigating Cross-Boarder Restrictions and National Security Risks" ( www.naisummit.org ). This conversation comes as U.S. national security priorities increasingly shape cross-border data flows, enforcement trends, and compliance expectations, especially for companies operating in the digital advertising ecosystem. #NAISummit26 #AdTech #privacy

In this video short, John Villafranco underscores a growing tension in #FTC enforcement: legacy order frameworks are increasingly misaligned with today’s pace of innovation and compliance realities. Decades-long (or perpetual) settlement orders can impose burdens that outlast their policy rationale, particularly in dynamic areas like digital advertising, privacy, and AI. A differently calibrated approach to order duration and modification could better balance deterrence with competition and innovation. Worth a watch for anyone thinking about the future of consumer protection enforcement and regulatory design.

Thanks to Brian and all the presenters and attendees for a great day! And thanks to the amazing marketing and facilities teams at KDW who made it all run seamlessly!