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, 2018)
Harvard University (Graduate Certificate, Cybersecurity, 2017)
University of Illinois College of Law (JD, 2013)
- Managing Editor of the Journal of Law, Technology & Policy
CUNY Macaulay Honors College (BS/BA, 2010)
Upcoming Speaking Engagements
Past Speaking Engagements
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
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".