Rachel Tarko Hudson

Rachel Tarko Hudson is a partner in the Intellectual Property Practice Group in the firm's San Francisco office and the leader of the Retail, Fashion, and Beauty Team.

Areas of Practice

Rachel advises clients across a number of industries with a focus on retail, fashion and beauty, food and beverage, and other consumer brands.  Her clients also include software and technology companies and other service providers.

Rachel counsels companies conducting and clearing advertising campaigns, structuring contests and sweepstakes, and executing cause marketing campaigns.  She also counsels clients on compliance with e-mail, telephone, and SMS marketing regulations.

Advising clients on compliance with domestic and international privacy laws is another area in which Rachel has deep experience. She assists clients in collecting, using, sharing, and securing their data.  Additionally, clients that experience data security breaches turn to Rachel for advice on response, notification, and mitigation measures.

Rachel supports clients drafting and negotiating agreements for software, SaaS, technology services, logistics, marketing, outsourcing, intellectual property licensing, and sourcing and distribution agreements, and advising on other commercial and transactional matters.

Experience

• Reviewed and cleared environmental advertising claims for global retail and food and beverage brands.

• Negotiated co-branded credit card agreements with the issuing banks and credit card networks for multiple international retail brands.
• Advised on an international cause marketing campaign for a global cosmetics company, including negotiating agreements with charities and registering the campaign with regulators in the United States and abroad.
• Negotiated and advised on the sale of a major business unit including resolving complex trademark ownership and usage issues.
• Negotiated an international shipping logistics deal for a global clothing retailer.
• Drafted and negotiated a material and ingredient purchase agreement for an international candy brand.
• Negotiated a gift card processing agreement for a traditional and e-commerce retail brand.
• Negotiated an agreement to license and provide customer development services for data center technology developer.
• Drafted and negotiated content licensing agreements for the launch of a gaming company’s new clothing and accessories line

Honors

Recommended Attorney - Cyber Law, The Legal 500, 2020-2021

Received Outstanding Volunteer in Public Service award from the Volunteer Legal Services Program of the San Francisco Bar Association, 2011

Articles

• 11th Circuit Reverses Summary Judgment Grant in TCPA Suit Against Medical Debt Collector, Cyberspace Law e-Bulletin (2015)
• Online student privacy bill prompts debate, Daily Journal (March 2014)
• Dealing in Data: Business and Legal Considerations Respecting Data Transactions, Business Law News, the official publication of the Business Law Section of the California State Bar, Issue 4 (2012)

Covering Your Ads Blog Posts

• "California Passes Sweeping Package of “Green” Bills," November 15, 2021
• "Deadline Approaching: Action Required by December 31 To Avoid Losing DMCA Safe Harbor Protection," October 25, 2017 
• "The Kardashians Can’t Keep up with Copyright Law," May 17, 2016 
• "California Enacts New Data Privacy Laws," October 18, 2013
• "Third Circuit Issues Decision in New Jersey Gift Card Escheat Suit," January 30, 2012

Retail Trend Spotter Blog Posts

• "New York Fashion Sustainability Act: Now In Committee," April 28, 2022

• "Sweepstakes or Giveaway? Make Sure Your Advertising Is Clear!" April 16, 2020

Social Media Law Blog Posts

• "California Online Tracking Disclosure Bill Heads to Governor for Signature," September 25, 2013
• "FTC Updates COPPA FAQs," August 5, 2013
• "California Bill to Expand Data Security Breach Notification Law Clears Senate Hurdle," May 23, 2013
• "California AG to Begin Enforcing Privacy Law Against App Developers - $2500-per-Download Fines," December 7, 2012
• "New York AG Addresses Cause Marketing on Social Media," November 28, 2012
• "Companies Using Pinterest, Be Careful Not to Get Pricked," April 26, 2012
• "Occupiers' Motion to Quash Subpoenas of Tweets Raises Privacy Questions," April 3, 2012 

Eye on Privacy Blog Posts

• "CCPA Bill Extending Exemptions Passes Through California Legislature," September 1, 2020
• "The CCPA Wheels Keep Turning: The Addition of CPRA," November 5, 2020
• "CCPA Regulations Finally Approved, Effective Immediately," August 18, 2020
• "What Will Come First: Pending CCPA Amendment Could Clarify Key Exemptions," August 7, 2020

• "Schrems II Fallout Continued: Can Companies Rely on Consent?" July 30, 2020

• "EU Reaction to the Fall of Privacy Shield: The Rise of SCCs?" July 29, 2020
• "How to Rise from the Privacy Shield Ashes: A View from the U.S." July 28, 2020
• "CJEU Invalidates Privacy Shield, But Upholds SCCs with Conditions," July 16, 2020
• "Final Draft CCPA Regulations Submitted, Effective Date Unclear," June 4, 2020
• "Can you Zigzag? California AG Releases Latest Draft of CCPA Regulations," March 17, 2020
• "Turn On the Camera Part Three: Fulfilling CCPA Training Obligations in the Face of COVID-19," March 13, 2020

• "Turn on the Camera Part One: Keeping Your Privacy Compliant Efforts Moving Forward in the Face of COVID-19," March 11, 2020
• "Like a Butterfly, Will the CCPA Continue to Evolve?" May 28, 2019 
• "Ding Dong the CCPA Private Right of Action is (Mostly) Dead!," May 17, 2019 
• "Will CCPA’s Definition of Consumer Be Narrowed?" April 11, 2019 
• "2019 is the Year of . . . CCPA?" January 8, 2019 
• "The California Consumer Privacy Law (CCPA) Is Coming: What Should Your Company Do Now?" July 25, 2018 
• "California Enacts New Data Privacy Laws,"  October 18, 2013

Media Mentions

Speaking Engagements

• "What’s Old Is New Again – Riding the Recommerce Wave," RILA Retail Law Conference, October 27, 2021
• Restaurant Law Center 2019 Restaurant Legal Summit, October 23-25, 2019, Dallas, TX, Jason Mueller and Rachel Tarko-Hudson are speaking on "Marketing Wants To Do What? Sweepstakes, Influencers, Loyalty, and Other Advertising and Promotional Fun."
• TerraLex Webinar, Sept. 17, 2019, Craig Cardon and Rachel Tarko Hudson spoke on, "The California Consumer Privacy Act: What It Means for Companies Doing Business in California."
• PLI Advertising Law Institute, Sept. 13, 2019, San Francisco, Rachel Tarko Hudson spoke on "Endorsements, User-Generated Content, and Celebrities."
• CCPA is Coming: What You Need to Know, Family Office Exchange Webinar, June 26, 2019
• Global Compliance and Investigation Essentials, Sheppard Mullin and Bird & Bird Seminar, April 30, 2019, San Francisco, Rachel Tarko-Hudson spoke on "Global breach response – Responding to data risk around the world."
• "Tracking, Aggregating & Profiling: U.S. & Global Privacy Developments," ANA/BAA Marketing Law Conference, Chicago, November 15, 2017

Events

Memberships

Brand Activation Association

Digital Media