James Mariani is an associate in the Privacy & Data Security Group.
Mr. Mariani handles regulatory, operational, and transactional matters related to data privacy, security, and incident response. He advises on a wide variety of technology-based and digital media issues at the crossroads of business, law, and technology. For instance, Mr. Mariani is currently counseling clients regarding compliance with the General Data Protection Regulation (GDPR) and the forthcoming California Consumer Privacy Act (CCPA), coordinating correspondence among client business, design, IT, management, and legal teams. This work can range from managing the practical effect of gaining user consents on UI/UX to assessing risk in strategy when creating processes for handling data subject access requests (DSARs).
In his data security incident response practice, Mr. Mariani draws on his investigative background as a former cybercrimes prosecutor to help clients navigate forensic investigation and regulatory requirements including notification requirements. Mr. Mariani also assists clients on the preventative side of data breach by drafting information security policies and incident response plans.
Mr. Mariani earned a Master of Laws at Cornell Tech focused on the intersection of product development and law in technology transactions such as IP licensing and data ownership, high growth corporate transactions related to VC funding, and product development including privacy by design, security by design, product management, and UI/UX design. He deploys this expertise in advising on data transfer, data and IP licensing, consent flows, consumer interaction and protection, regulatory enforcement, and pre-litigation investigation and dispute strategy.
Prior to joining Frankfurt Kurnit, Mr. Mariani worked as an Assistant District Attorney at the Kings County District Attorney’s Office, where he prosecuted cybercrime and complex fraud — leading multiple long-term investigations to indictment and arrest. His practice included investigation and litigation focused on computer intrusion, identity theft, finance, healthcare, labor, and real estate. He has tried bench and jury trials in criminal, supreme, and federal court.
Mr. Mariani is certified as an Information Privacy Professional in U.S. specific laws (CIPP/US) as well as that of the European Union (CIPP/E), and is admitted to practice in New York.
Cornell Law School at Cornell Tech (LLM)
Harvard University (Graduate Certificate, Cybersecurity)
University of Illinois College of Law (JD)
- Managing Editor of the Journal of Law, Technology & Policy
CUNY Macaulay Honors College (BS/BA)
Upcoming Speaking Engagements
SCCE Compliance and Ethics Institute
James Mariani presents “What Compliance Professionals Need to Know about Data Privacy and Cybersecurity” at the SCCE Compliance and Ethics Institute in Dallas, Texas.
September 14 2020
Past Speaking Engagements
Practicing Law in a Pandemic: Remote Lawyering in the Age of COVID-19
April 21 2020
Practicing Law in a Pandemic: The Ethical Issues with Remote Lawyers in the Age of COVID-19
Nicole Hyland, Tyler Maulsby and James Mariani. present "Practicing Law in a Pandemic: The Ethical Issues with Remote Lawyers in the Age of COVID-19" during a webinar for the New York City Bar Association.
April 17 2020
Cornell Tech/Cornell Law School
James Mariani guest lectures to Cornell Tech/Cornell Law School’s Technology Transactions Class.
April 15 2020
Zoom as a Case Study – Privacy and Security in the Digital World During Social Distancing
Join Frankfurt Kurnit’s Privacy & Data Security Group for a live virtual roundtable webinar on Webex to explore the rapidly evolving privacy and data security questions surrounding the meteoric rise of Zoom, the most popular video conferencing application in the COVID-19 era of social distancing. Read more.
April 14 2020
Practicing Law in a Pandemic: Remote Lawyering in the Age of COVID-19 PART II
The legal industry has dramatically changed as a result of the COVID-19 pandemic. More and more law firms across the country (and the world) are instructing attorneys and staff to work from home. For many, this is a significant change from what daily practice used to look like and lawyers are being asked to quickly adapt. But as we move to remote work platforms, the risk of mishandling confidential information and violating important duties to clients increases. How do you manage the risks to you, your firm and your client while also keeping up with the latest rules and opinions? Also, if you are tasked with managing your firm through this crisis, what immediate and long term steps should you be taking? Join us online for Part II of our Practicing Law in a Pandemic series. Read more.
March 31 2020
Practicing Law in a Pandemic: Remote Lawyering in the Age of COVID-19 PART I
Join us online as two of New York’s leading ethics lawyers team up with an accomplished privacy law practitioner to spot the issues and suggest solutions for both private lawyers and in-house counsel who are adapting to working from home. You’ll receive valuable tips to share with your legal colleagues, IT and other staff—to reduce the risks as you navigate this uncertain time. Read more.
March 27 2020
Law and Forensics Webinar
James Mariani speaks on the California Consumer Privacy Act during a webinar for Law and Forensics.
February 6 2020
ANA’s Digital & Social, Midwest Chapter Committee Meeting
James Mariani speaks about the impact of the CCPA and GDPR on digital advertising at the Association of National Advertisers Digital & Social, chapter committee meeting in Chicago.
December 10 2019
2019 AHRI Leadership Forum
James Mariani is part of the Strategic Session Panel “Cybersecurity Threat Detection and Response: Is the HVACR Industry Prepared?” at the Air-Condition, Heating, & Refrigeration Institute.” More information here.
November 11 2019
City Bar: 18th Annual Hot Topics in Advertising & Marketing Law
October 18 2019
Lawline Webcast - It’s Not If But When: What You Need to Know to Prepare For & Respond to a Data Breach
August 27 2019
PLI’s Compliance & Ethics Essentials 2019
James Mariani speaks on “Addressing New Corporate Threats: Employment Law and Cybersecurity Compliance” at the Practising Law Institute’s Compliance & Ethics Essentials program in New York. More information here.
July 18 2019
myLawCLE Video Broadcast
James Mariani presents "Mobile Apps for Companies: Privacy, Security and Accessibility in Development, Launch and Management" during a video broadcast for myLawCLE and the Federal Bar Association in New York.
May 9 2019
NYPA Spring Conference and Trade Show
James Mariani speaks about the changing landscape of data privacy and what it means to the press at the NYPA Spring Conference and Trade Show.
April 6 2019
Pre-Law Lunch & Learn
James Mariani speaks to students at Hunter College for a pre-law lunch and learn program.
February 27 2019
PLI’s Social Media 2019: Addressing Corporate Risks
James Mariani speaks on “Privacy Law Considerations for Social Media and Mobile Apps” and “View From the Trenches” at the Practising Law Institute’s Social Media 2019: Addressing Corporate Risks program in San Francisco. More information here.
February 1 2019
news & press
Tips for Minimizing Law Firm Liability During COVID-19
Law360 published Nicole Hyland’s article “Tips for Minimizing Law Firm Liability During COVID-19.” The article discusses risk management issues that law firms face during the COVID-19 pandemic and offers tips for minimizing risks. James Mariani supplied the data security tips within the article. View Article
What is the USA PATRIOT Act?
Pressure Mounts for Federal Privacy Law with Second Bill
Facebook Asks Police Agencies Not to Create Fake Profiles
The Los Angeles Daily Journal quoted James Mariani on whether law enforcement may deploy fake social media accounts to monitor people and collect evidence. Mr. Mariani noted that the practice “is not illegal and is widely used throughout the country at law enforcement offices of every level.” He noted, however, that “the practice of surreptitiously monitoring activists [may] violate the First Amendment by creating a chilling effect on those who would otherwise express discontent online".