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Tracy Gray

Partner

1800 Broadway, Suite 300, Boulder, CO 80302

Tracy’s practice focuses on the intersection of intellectual property, advertising, privacy, and consumer protection laws. She helps clients establish and increase brand affinity, customer loyalty, and maximize the value of their customer data and intellectual property assets.

Tracy has deep experience advising consumer-facing businesses across all legal aspects of marketing, particularly in the retail, restaurant, hospitality, and technology industries, and other organizations with sophisticated omni-channel marketing strategies operating nationwide or multi-jurisdictionally. 

Tracy appreciates the challenges her clients face in their fast-paced, competitive environment, and takes time to build a deep understanding of their products, services, business goals, and intellectual property portfolios to proactively anticipate, assess, and resolve the legal challenges they may encounter.

She helps protect business concepts and trade secrets not subject to traditional copyright or trademark protection, and develops, executes, and safeguards her clients’ strategic brand initiatives. In addition, she helps protect and monetize copyrights and trademarks through registration, enforcement actions, portfolio development, and licensing agreements.

Experience

Privacy and Consumer Protection
  • Collection, storage, use, and transfer of personal data and information 
  • Development, implementation, and audits of data retention programs 
  • Consumer protection, information security, and privacy laws, regulations and industry standards applicable to marketing, advertising and consumer acquisition and retention programs 
  • Implementation of industry-specific privacy and security-related compliance programs 
  • Strategic security breach response plans 
  • Website privacy policies and user agreements 
  • Employee e-mail, social media, and web usage policies 
  • Audits of client operations 
  • Privacy and publicity rights
Advertising & Marketing
  • Development of legal and industry compliant advertising and promotional campaigns 
  • Social media strategies 
  • Sweepstakes and contest programs, rules, participant, prize, and release agreements for promotions
  • Content development and acquisition 
  • Licensing programs and agreements 
  • Online marketing, email, and mobile campaigns 
  • Establishment of royalty structures 
  • Creation of branded loyalty and gift card programs 
  • Development of multi-tiered loyalty programs 
  • Affiliate marketing and publishing agreements 
  • Compliance with marketing, e-commerce, and advertising laws 
  • Structuring online and mobile promotional and customer acquisition programs
IP/Technology Licensing and Transactions
  • IP audits of company technology for pre-acquisition valuation
  • Multi-media, e-commerce, and licensing agreements, including advertising and affiliate agreements, strategic alliances, website and app development, ASP, SaaS and PaaS agreements, professional services agreements
  • Content license agreements, software license and subscription agreements, support and maintenance agreements, intellectual property development agreements, clickwrap and shrinkwrap agreements, beta test site license agreements, distribution and reseller agreements, joint venture agreements, independent contractor and consulting agreements, non-disclosure and confidentiality agreements
  • Trade secrets and intellectual property license and transfer agreements, technology transfer agreements, marketing agreements, co-branding agreements, and network site license agreements
  • Due diligence 
  • Licensing agreements to expand brand reach into multiple channels Outsourcing for IT infrastructure 
  • Comprehensive reviews of company operations and websites, guidance on best practices and benchmarking

Client Results

Advertising and Promotions
  • Serves as primary counsel for multi-channel retailers for promotional campaigns, including gift cards, coupons, loyalty programs, sweepstakes, contests, and consumer protection strategy and compliance.

  • Launched multiple customer loyalty programs in restaurant and hospitality industry.

  • Serves as compliance counsel for marketing programs for online retailers.

Intellectual Property/Licensing and Technology
  • Developed brand initiatives, intellectual property strategy, and portfolio for a multi-channel retailer.

Privacy, Consumer Protection, and Data Management
  • Conducts privacy and security audits of multi-national companies and develops infrastructure to comply with international data protection legislation.

  • Serves as privacy counsel for multi-channel retailers, provides counsel on new developments, regulations and legislation in the areas of online advertising, consumer privacy, social media, promotions, marketing, employment privacy, and data security.

  • Serves as privacy and compliance counsel for healthcare company, including training, privacy awareness programs, and preparation of data breach response plan.

  • Has handled and/or advised on over 100 data security breach incidents involving residents of all states, implicating numerous varying state laws and regulations.

News

Publications

Speaking Engagements

Education

Bar Admissions

Recognition

  • World Trademark Review (WTR) 1000 - The World’s Leading Trademark Professionals, Colorado, Bronze Band 2018
  • IAM Patent 1000, one of the world’s leading patent practitioners and recommended for Licensing, 2013-2017
  • Chambers USA, Intellectual Property, 2006-2015

Professional and Civic Affiliations

  • Forbes Legal Council, Member
  • Colorado Bar Association, Member 
  • Boulder County Bar Association, Member 
  • American Bar Association, Sections for Anti-Trust, Privacy and Information Security, and Intellectual Property, Member 
  • International Association of Privacy Professionals, Certified Information Privacy Professional (CIPP/US)
  • University of Colorado Entrepreneurial Law Clinic, Clinical Advisor 
  • University of Colorado Leeds School of Business, Guest Lecturer 
  • Brown University, Vice President Class of ‘88 
  • Brown University BASC Alumni Interviewer, 1990-2017
  • Colorado Attorneys for the Arts, Volunteer Attorney
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