areas of expertise
Jessica B. Smith is an associate in the Advertising, Marketing, & Public Relations Group focusing on advertising, branded entertainment, interactive entertainment, technology, digital media & privacy, and intellectual property matters.
Prior to joining Frankfurt Kurnit, Ms. Smith was a litigation associate with Paul, Weiss, Rifkind, Wharton & Garrison, LLP, where she advised clients on the “sharing economy” including representing Airbnb in a successful motion to quash a subpoena issued by the New York State Attorney General’s Office, which sought vast amounts of Airbnb’s user data.
Ms. Smith served as a law clerk to Chief Judge Jonathan Lippman of the New York State Court of Appeals, and is admitted to practice in New York.
Wesleyan University (BA, High Honors, 2006)
Benjamin N. Cardozo School of Law (JD, Magna Cum Laude, Order of the Coif, 2011)
- Law Review, de novo Editor
- Law and Literature Journal, Editor in Chief
Upcoming Speaking Engagements
Past Speaking Engagements
news & press
Federal Appeals Court Affirms Injunction Against President Trump’s “Travel Ban”
CNN posted the Fourth Circuit Court of Appeals decision in International Refugee Assistance Project v. Trump, upholding the district court’s nationwide preliminary injunction order against President Trump’s Executive Order 13780. Frankfurt Kurnit drafted an amicus curiae brief on behalf of the Anti-Defamation League, Jewish Council for Public Affairs, Union for Reform Judaism, Central Conference of American Rabbis, and Women of Reform Judaism.
Honesty is Not the Same as Full Disclosure: the FTC’s Recent Letters to Influencers
The FTC staff recently sent out more than 90 letters reminding influencers and marketers that influencers should clearly and conspicuously disclose their relationship to brands when promoting or endorsing products through social media.
State of Washington v. Donald J. Trump, No. 17-35105 (9th Cir.)
We filed a friend-of-the-court brief on behalf of our client, the Anti-Defamation League, in support of Washington and Minnesota’s challenge to President Trump’s Executive Order titled “Protecting the Nation from Foreign Terrorist Entry into the United States.” You can read our brief here.
National Marketers Face Class Action Suits Under New Jersey Consumer Protection Law
A surge of recent lawsuits brought under a 30 year-old New Jersey consumer protection law has national marketers and their lawyers huddling. Here's a summary of how the law works and why there's exposure for marketers everywhere.
New Online Tool Helps Mobile App Developers Manage Healthcare Compliance
Here is some news about an important new resource for mobile app developers working in the healthcare space.
Enforcement of the Digital Advertising Alliance’s Mobile Guidance Will Begin on September 1st
Starting on September 1, 2015, all companies that collect and use data across sites or apps for interest-based advertising - including carriers, apps, ad networks, brands, agencies and publishers - will be required to demonstrate compliance with the Digital Advertise Alliance's Mobile Guidance on its Self-Regulatory Principles ("DAA Mobile Guidance"), which was issued in July, 2013.
New EU Data Protection Law May Be Ready This Year
In January, 2012, the EU legislative bodies proposed an updated and more harmonized data protection law to replace the existing EU Data Protection Directive 95/46/EC.
FTC Pursues Companies for Privacy Certification Misrepresentations
The FTC recently filed complaints alleging two US businesses that claimed to be in compliance with the US-EU Safe Harbor Framework were, in fact, no longer compliant.
Data Security: Seven Steps to Help Safeguard Your Company’s Personally Identifiable Information
A day barely passes without news of a major data breach perpetrated by outsiders who gained unauthorized access to sensitive personal information and intellectual property stored on company computers.
Not Satisfied: FTC Says Car Shipment Broker Misrepresented Online Reviews
AmeriFreight, an automobile shipment broker, has agreed to settle FTC charges that it deceived customers by advertising the quantity and quality of its online customer reviews, while failing to disclose that it provided incentives to its customers to author them.
The Internet of Things: Best Practices for Developers
What is the Internet of Things (the "IoT")? It's the ability of everyday objects to connect to the internet and collect and transmit data.
Get Ready for Changes to Fair Packaging and Labeling Act Regulations
There's news for consumer product manufacturers, packagers and distributors.
Six Essential Steps for Data Security
Here's a holiday gift for anyone whose business depends on keeping customer or client data secure: the Frankfurt Kurnit Technology Group's list of six essential steps for data security.
FTC Closes Investigation of Verizon Router Security Citing Company’s Steps to Mitigate Consumer Harm
The FTC recently closed an investigation into whether Verizon engaged in unfair or deceptive acts or practices by failing to ensure that routers it shipped to customers, in connection with its DSL and FiOS services, had proper encryption security. Verizon took steps to mitigate consumer harm, and the company's efforts helped avoid regulatory sanctions. Here's what happened.
Negative Options: FTC Alleges ROSCA Violations for First Time
Remember ROSCA? That's OK, the FTC just remembered it too.
FTC Amends Mail or Telephone Order Merchandise Rule
The FTC recently issued final amendments to the Mail or Telephone Order Merchandise Rule (also known as "the 30 Day Rule"), which requires sellers to have a reasonable basis for stating they can ship ordered items to consumers within the time specified or if no time is specified, within 30 days.
FTC Settles With Yelp and TinyCo Over Alleged COPPA Violations
Yelp, a business search and review service website, and TinyCo, a developer of gaming apps geared towards children, recently agreed to settle FTC allegations.