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 specializes in advising retail, fashion and beauty companies, food and beverage companies, and other consumer product companies and brands. Her clients also include software and technology providers and wholesale and material suppliers.

Rachel counsels her clients on all things privacy and advertising. She brings her deep subject matter and industry expertise and pragmatic approach to bear on projects ranging from review, clearance, and structuring advertising claims, programs, and campaigns to complying with the complex and ever-changing web of United States and international privacy laws. Drafting and negotiating commercial and IP agreements rounds out her practice.

Experience

Experience

  • Reviewed and cleared environmental and performance advertising claims for global retail brands, including QVC, Kontoor Brands, and Skechers.
  • Negotiated co-branded credit card agreements with the issuing banks and credit card networks for multiple international retail brands, including Williams-Sonoma and Carters.
  • Advised on cause marketing campaigns, including negotiating agreements with charities and registering the campaign with regulators in the United States and abroad for brands such as Benefit Cosmetics, Net-a-Porter, and Blackhawk Networks.
  • Guided Williams-Sonoma, Shea Homes and Shea Properties, Burberry, Levi Strauss & Co., and Kontoor Brands through CCPA compliance, as well as subsequent CPRA, CPA, CTDPA, VCDPA, and UCPA compliance.
  • Counseled numerous retail brands on loyalty program launches and refreshes, including adidas, Kontoor Brands, Williams-Sonoma, and TJ Maxx.
  • Negotiated software development, license, and services agreement for Carzato to provide automotive e-commerce technology for car dealerships.
  • Negotiated and advised on the sale of the play and music business of Gymboree, including resolving complex trademark ownership and usage issues.
  • Negotiated an international shipping logistics deal for Gymboree.
  • Drafted and negotiated a material and ingredient purchase agreement for See’s Candies.
  • Negotiated a gift card processing agreement for Levi Strauss & Co.
  • 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 Toca Boca’s clothing and accessories line.

Honors

Honors

500 X The Next Generation, Lawdragon, 2023

Recommended Attorney - Cyber Law, The Legal 500, 2020-2021, 2023

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

  • Legal500 US Recommended Attorney

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

  • "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

Memberships

Retail Industry Leaders 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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