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Areas of Interest
January 28th, 2022
John B. Harris quoted in The Hill on January 6 Selection Committee Subpoena
Ethics & Professional Responsibility Litigation Partner John B. Harris was quoted in the article, “Jan. 6 Panel's Subpoena furthers Complications for Rudy Giuliani, DOJ” published by The Hill. The article discusses the January 6 Selection Committee’s subpoena of Giuliani and other lawyers who pushed the Trump agenda by denying the election results of Joe Biden’s win. John discussed the types of claims Mr. Giuliani might assert to avoid the subpoena – including attorney-client privilege.
“Stripping aside all of the other issues and all of the concerns that the committee has, the idea that there was actually legal advice that was being rendered here or that these discussions could have been privileged, I think that that is colorable depending on a lot of other facts,” said Harris, adding that “[a] memo about what the Vice President’s rights, duties and obligations are with respect to certification — that sounds to me like a kind of classic legal research and that you could absolutely give it to your client and not necessarily believe that you were committing a crime or fraud. It’s a legal issue that somebody like the president could have been entitled to know.”
John pointed out that with an attorney-client privilege claim, “You never know what sort of sympathetic ear you’re going to get if you’re challenging a subpoena so you probably spin the wheel and see what happens. . . .He could get an amenable judge.”
John concluded: “So I assume that’s going to be how they approach this — that ‘We didn’t know and we don’t know that this was an illegal thing. We thought that this was a perfectly appropriate use of our legal skills.’ And how that flies eventually, who knows, but it’s going to take a long time to resolve.”
Read the article here. (Behind paywall)
Other Quoted
Televerse Day 2 Highlights: Shrinking, Henry Winkler and More
The Television Academy in its Televerse News quoted Daniel M. Goldberg, who spoke about AI at the academy’s three-day festival. Televerse featured television industry professionals both in front of and behind the camera, expert panelists, FYC (For Your Consideration) discussions, and screenings of shows nominated for this year’s Emmy Awards. Mr. Goldberg spoke on a panel covering “how federal and state lawmakers, courts, content creators and other stakeholders are responding to the evolving technology's impact on copyright, licensing and rights protection.” When asked for future predictions for six months from now, Mr. Goldberg responded, "'It's so hard to predict even two weeks from now. But I think you're going to see the states continue to pick up [on regulating AI] where the federal government is not.’” View Article
August 18 2025
Attorney Cautions That Privacy Laws Cover All Platforms, Not Just Sites
Privacy Daily quotes Daniel M. Goldberg in an article on growing trends in privacy laws and enforcement. The publication covered a webinar presented by Mr. Goldberg and Privado CEO Vaibhav Antil. Mr. Goldberg stated, '“although several enforcement actions have targeted websites, mobile apps are also subject to all privacy laws'” He noted how it’s no longer enough for companies to rely on privacy vendors for compliance but must practice due diligence. Mr. Goldberg reviewed California enforcement actions against Honda, Todd Snyder, and Healthline.
“With all three of these examples, ‘these are not companies that did nothing,” he said. ‘These are companies that had measures in place, that had actually used a vendor to implement them, but the way that it was configured was not tracking the law perfectly.’” He also pointed out how enforcements and fines are rising. View Article. (Registration required.)
July 31 2025
Data Privacy Roundup
The AdExchanger newsletter quotes Daniel M. Goldberg, highlighting key privacy enforcement trends. He provided an example of how opting in cookie tracking by clicking a bold “Allow All” button contrasted with declining tracing, which required a more involved two-step process. Mr. Goldberg pointed out that regulators saw this process as a “potential dark pattern.” “‘Symmetry of choice is the idea that it should be just as easy to accept as it is to reject,’” Goldberg said. ‘It’s an area regulators are looking very, very closely at.’” He also noted dark pattern fines, especially with the CPPA could become substantially larger. He underscored due diligence in programs, referencing recent privacy enforcement setttlements and fines. “‘All these cases involve vendor solutions that did not work,’ Goldberg said. ‘In almost all of them, the company did have privacy compliance in place; it just wasn’t working.’” View Article
July 25 2025
