Technology, Privacy & Data Security

Featured Publication:

California Passes Flurry of Year-End AI Legislation [Alert]

Robert Rubenstein and Andy Baer discuss 17 laws signed by Governor Newsom that are some of the most thorough and comprehensive AI-related laws currently in effect within the United States.

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As the technology sector continues to evolve, and new rules develop across different platforms and industries, the importance of tech- and business-savvy counsel becomes increasingly important. Recognizing that technology law is integral to businesses of every size, every stage, and across every industry, Cozen O’Connor’s multidisciplinary Technology, Privacy & Data Security team serves as a one-stop shop to help clients — ranging from startups to Fortune 100 companies — navigate technology transactions, as well as regulatory, litigation, and risk management issues.

Our clients include global players in adtech, fintech, edtech, and martech; health care; retail; the financial industry; cloud computing; data brokerage; blockchain; and cosmetics. We also represent online ad networks, software and mobile app developers, media monitors, digital interactive agencies, international e-commerce companies, and major telecommunications and cable service providers, among others.

Transactional Services

Our transactional team addresses a wide range of cyberlaw, privacy, and data security issues and technology- and internet-related transactions. We handle strategic outsourcing/licensing, optimizing digital assets, internal data management and privacy governance, as well as media M&A and other corporate-level technology transactions. We also handle buy- and sell-side technology transactions that typically involve cloud computing, data privacy, IP, software, and security, and interactive marketing regulatory compliance.

Additional transactional services include:

  • drafting and negotiating software, IT services, data, and digital media agreements;
  • advising clients in the use and protection of IP assets;
  • counseling clients on the protection of personal data and other sensitive data assets; and
  • inbound and outbound technology licensing and acquisition.

Regulatory Services

The regulatory landscape surrounding data protection and cybersecurity is ever-changing and fraught with landmines. One incident of data loss, breach, or cyberattack can undermine years of goodwill and leave clients with daunting financial, legal, and reputational challenges. When disaster strikes, companies need a true crisis manager at the helm to stem the damage and ensure that the remediation strategy complies with all relevant laws and regulations.

We provide advice and counsel on the full panoply of issues clients face in this highly regulated space, including but not limited to complying with the Health Insurance Portability and Accountability Act (HIPAA), the Gramm-Leach-Bliley Act (GLBA), the Electronic Communications Privacy Act (ECPA), the California Consumer Privacy Act (CCPA), Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act, the Children’s Online Privacy Protection Act (COPPA), and the Fair Credit Reporting Act (FCRA). We also advise on international data transfers and assist U.S. companies comply with the EU General Data Protection Regulation (GDPR) and the ePrivacy Directive.

Additional regulatory services include:

  • drafting privacy policies and privacy-related disclosures, and structuring privacy and security by design;
  • assisting with advertising and marketing privacy (including retargeting, cross-device tracking, cookie matching, and identity resolution);
  •  providing advice and counsel on compliance with the Telephone Consumer Protection Act (TCPA), the Canadian Anti-Spam Law (CASL), Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), and Federal Trade Commission (FTC) guidelines (including privacy and data protection, advertising disclosures, endorsement and testimonial guidelines, and native advertising guidelines); 
  • handling contracts with all aspects of the digital advertising ecosystem, including DSPs, SSPs, DMPs, yield optimization tools, verification tools, ad servers, list management, and lead generator/aggregator and performance marketing contracts; and
  • evaluating and managing vendor privacy and security.

In the event of a data privacy or security breach, our attorneys routinely conduct immediate forensic and recovery operations, send notifications, arrange for customer outreach, communicate with government officials, protect clients from liability, and craft public messages. We also counsel clients on investigations by the FTC, by the U.S. Department of Health and Human Services’ Office of Civil Rights (OCR), and under the Sarbanes-Oxley Act. 

In addition, Cozen O’Connor’s government affairs professionals closely monitor potential changes in state and federal policy regarding data privacy and electronic information security. A leader in policy reform, Cozen O’Connor works with clients to ensure policy compliance in this ever-changing regulatory landscape and also routinely represents clients before regulators and legislators.

Litigation Services

Our team of skilled litigators represents clients in privacy and data-related class actions, multiparty and individual cases, and arbitrations in jurisdictions across the country as well as in front of federal regulatory agencies, such as the FTC. We are particularly well-known for defending data privacy class actions using creative and cutting-edge approaches. Our team has been at the forefront of some of the most significant data privacy litigation in the country in recent years, especially in the area of biometric privacy. We are recognized trailblazers in privacy class action defense in both federal and state courts, and at both the trial and appellate levels. Beyond litigation, we work hand-in-hand with the firm’s nationally recognized State Attorneys General practice and Public Strategies group to ensure our clients respond appropriately to state investigations and are getting up-to-date guidance in this ever-changing area.

Risk Management Services

Our group also has extensive experience in the fast growing and ever-evolving cyber risk market. As a long-time leader in the insurance bar, Cozen O’Connor attorneys have helped develop first- and third-party cyber/privacy/tech policies, errors and omissions insurance, and cybercrime policy language. We also advise on coverage under all first- and third-party lines of insurance, including cyber and technology, and have been involved in managing some of the largest consumer data breaches on behalf of our insurer clients.

Wherever technology meets the law, Cozen O’Connor is waiting at the crossroads with a team of experienced counsel ready to help.

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Experience

Publications

President Trump Charts a New Course on AI [Transformative AI: Legal Leaps]

February 18, 2025

Ben Mishkin and Daniel Kilburn discuss the Trump Administration’s new approach to artificial intelligence on Transformative AI: Legal Leaps.

President Trump’s Approach to AI [Transformative AI: Legal Leaps]

January 29, 2025

Hosts Ben Mishkin and Daniel Kilburn are joined by Madison Smith from Cozen O’Connor Public Strategies to discuss how the new Trump administration will approach AI regulation, fostering innovation, and maintaining the United States’ tech advantage

California Passes Flurry of Year-End AI Legislation [Alert]

January 27, 2025

Robert Rubenstein and Andy Baer discuss 17 laws signed by Governor Newsom that are some of the most thorough and comprehensive AI-related laws currently in effect within the United States.

NYDFS Issues Guidance on Cybersecurity Risks Arising from Artificial Intelligence [Alert]

October 24, 2024

Andrew Baer and Robert Rubenstein discuss the New York Department of Financial Services industry letter on the cybersecurity risks associated with AI.

Amendments Expand Pennsylvania’s Data Breach Notification Law [Alert]

October 09, 2024

Daniel Kilburn and Benjamin Mishkin discuss significant changes to Pennsylvania's BPINA (Breach of Personal Information Notification Act), which came into effect on September 26.

2025 Begins with Five More State Privacy Laws [Alert]

October 01, 2024

Benjamin Mishkin and Daniel Kilburn discuss new consumer privacy laws in Delaware, Nebraska, Iowa, New Hampshire, and New Jersey set to take effect in early 2025.

California Announces Dark Patterns as an Enforcement Priority [Alert]

September 24, 2024

Chris Dodson and Daniel Kilburn discuss the CPPA's Advisory to help businesses avoid dark patterns in their user interfaces.

Rhode Island: The Latest Entrant into the Patchwork of State Data Privacy Laws [Alert]

July 18, 2024

Daniel Kilburn and Benjamin Mishkin discuss how the Ocean State became the 19th state to pass a comprehensive privacy law with its Rhode Island Data Transparency and Privacy Protection Act.

A New Line for Privacy in the Old Line State: Maryland Enacts a Comprehensive Data Privacy Law [Alert]

June 28, 2024

The Maryland Online Data Privacy Act (MODPA) makes Maryland the seventeenth state to enact a comprehensive data privacy law.

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Events & Seminars

Past Events

2024 Construction Super Conference

December 09, 2024 - Las Vegas, NV
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In The News

Cozen O’Connor Recognized as a “Best Law Firm” in 31 Practice Areas Nationwide, 54 Practice Areas Regionally

November 07, 2024

In 2024, Best Lawyers received more than 100,000 client references and observed a 65% increase in client participation in their survey.

Cozen O’Connor Attorney Melisssa Siebert Named among Crain’s Chicago Business 2024 Notable Leaders in Law

September 11, 2024

Melissa Siebert, co-founder and chair of Cozen O’Connor’s Emerging Data Privacy Trends practice, has been named to Crain’s Chicago Business 2024 list of Notable Leaders in Accounting, Consulting & Law.

Cozen O'Connor's Corporate Practice Selected as a 2024 Best Corporate Practice of the Year Finalist by The American Lawyer

September 05, 2024

Cozen O’Connor is pleased to announce that the firm’s Corporate Practice has been selected by The American Lawyer as a 2024 Best Corporate Practice of the Year finalist for 2024.

Best Lawyers Honors More Than 200 Cozen O'Connor Attorneys in its Best Lawyers in America 2025 Edition

August 15, 2024

Best Lawyers selected 242 Cozen O’Connor lawyers from 24 of the firm’s U.S. offices for inclusion in the 2025 edition of The Best Lawyers in America and Best Lawyers: Ones to Watch in America.

Fourteen Cozen O’Connor Lawyers Named to Minnesota Monthly “Top Lawyers” list

July 09, 2024

The list will appear in the July/August 2024 issue of Minnesota Monthly

Nine Impacts of New Jersey and New Hampshire Privacy Laws

February 14, 2024

Ben Mishkin discusses the implications of the latest states to pass comprehensive privacy laws in Cybersecurity Law Report.

Announcing Cozen O’Connor Canada’s Technology and Privacy Team

January 23, 2024

We are excited to launch Cozen O’Connor Canada’s Privacy and Technology team.

Law360 Names Cozen O’Connor a Pennsylvania Powerhouse

August 23, 2023

Cozen O’Connor was previously named a Pennsylvania Powerhouse in 2022, 2018, and 2014.

Best Lawyers Honors More Than 200 Cozen O'Connor Attorneys to its Best Lawyers in America 2024 Edition

August 17, 2023

Best Lawyers selected 232 Cozen O’Connor lawyers from 24 of the firm’s U.S. offices for inclusion in the 2024 edition of The Best Lawyers in America.

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Contacts

Andrew Baer

Chair, Technology, Privacy & Data Security

abaer@cozen.com

(215) 665-2185

Melissa Siebert

Chair, Emerging Data Privacy Trends

msiebert@cozen.com

(312) 474-4491

People

Awards

Cozen O’Connor Recognized as a “Best Law Firm” in 31 Practice Areas Nationwide, 54 Practice Areas Regionally

November 07, 2024

In 2024, Best Lawyers received more than 100,000 client references and observed a 65% increase in client participation in their survey.

Cozen O'Connor's Corporate Practice Selected as a 2024 Best Corporate Practice of the Year Finalist by The American Lawyer

September 05, 2024

Cozen O’Connor is pleased to announce that the firm’s Corporate Practice has been selected by The American Lawyer as a 2024 Best Corporate Practice of the Year finalist for 2024.

Law360 Names Cozen O’Connor a Pennsylvania Powerhouse

August 23, 2023

Cozen O’Connor was previously named a Pennsylvania Powerhouse in 2022, 2018, and 2014.

Best Lawyers Honors More Than 200 Cozen O'Connor Attorneys to its Best Lawyers in America 2024 Edition

August 17, 2023

Best Lawyers selected 232 Cozen O’Connor lawyers from 24 of the firm’s U.S. offices for inclusion in the 2024 edition of The Best Lawyers in America.

Andrew Baer, Mira Baylson Named to The Philadelphia Business Journal's Best of the Bar 2022

September 26, 2022

Andrew Baer and Mira Baylson have been named to The Philadelphia Business Journal’s “Best of the Bar 2022.”

Cozen O’Connor Recognized as a “Best Law Firm” in 29 Practice Areas Nationwide, 121 Practice Areas Regionally

November 04, 2021

U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 29 practice areas nationwide and 121 practice areas regionally.

Cozen O’Connor Recognized as a “Best Law Firm” in 25 Practice Areas Nationwide, 115 Practice Areas Regionally

November 05, 2020

U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 25 practice areas nationwide and 115 practice areas regionally.

138 Cozen O’Connor Attorneys Named to the Best Lawyers in America

August 28, 2019

Best Lawyers selected 138 Cozen O’Connor lawyers from 21 of the firm’s national offices for inclusion in the 2020 edition of The Best Lawyers in America.

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