Overview

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

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

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

Insights

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

Retail Trend Spotter Blog Posts

Social Media Law Blog Posts

Eye on Privacy Blog Posts

Media Mentions

Speaking Engagements

  • 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

Memberships

Memberships

Brand Activation Association

Digital Media

Education

J.D., Georgetown University Law Center, 2010, Executive Editor, Georgetown Journal of Legal Ethics

B.A., University of Pennsylvania, 2004, cum laude

Clerkships

  • Extern to the Honorable Roger Titus, District of Maryland

Admissions

  • California
  • U.S. District Courts for the Northern and Central Districts of California
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