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June 3rd, 2022
Lawyers Must Navigate Client Privacy Before Suits See Public Eye
Ethics and Professional Responsibly Litigation Partner Nicole Hyland is quoted in the article, “Lawyers Must Navigate Client Privacy Before Suits See Public Eye” published by Bloomberg Law. The article discusses addressing privacy risks with clients before they proceed with litigation. Nicole is quoted saying, “Some lawsuits remain relegated to links on the public dockets, but others are boosted online or by the news media.”
In regards to publicity and media coverage Nicole notes, “Clients have different tolerance levels for publicity. Understanding their appetite or aversion regarding media coverage is critical when advising them.” She adds, “As social media continues to be popular, a smart lawyer will give thought to how it could publicize a case and have those conversations with a client.”
“Filing a lawsuit results in the loss of control, which is a major factor for clients deciding whether it’s worth it to engage in litigation. Some clients are fine with publicity—and in some circumstances seek it out—but litigation can often have unpredictable effects on a client’s image,” Nicole said.
Lastly she says, “Sometimes when you sue, you bring more attention to the issue than there otherwise would be on it.”
Read full article here.
Other Quoted
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
SHOOT’s 65th Anniversary Reflections: FKKS’ Managing Partner Jeffrey A. Greenbaum
SHOOT Magazine quotes Jeffrey A. Greenbaum in its 65th Anniversary coverage on where the advertising industry has been, is, and is going. Jeff discusses the most significant legal cases during his industry tenure and the accompanying lessons, the most pressing legal issues for the commercial production community, his most meaningful professional accomplishments, and the value he has gained from reading SHOOT. Read more.
July 24 2025