Sign Up for Alerts
Sign up to receive receive industry-specific emails from our legal team.
Sign Up for Alerts
We provide tailored, industry-specific legal updates to our clients and other friends of the firm.
Areas of Interest
September 27th, 2022
Metaverse IRL: Tackling Privacy Amid the Rampant Hype and Burst of Deals
Privacy & Data Security Chair Daniel M. Goldberg and Interactive Entertainment Co-Chair Gregory Boyd are quoted in Cybersecurity Law Report’s article, “Metaverse IRL: Tackling Privacy Amid the Rampant Hype and Burst of Deals.” The article discusses privacy issues that lawyers have encountered during real-life metaverse dealmaking and counseling.
Daniel is quoted saying, “Higher sales of headsets and the rise of platforms in 2022 raises the possibility of a mobilization to provide metaverse app experiences. Within the platforms, there will be opportunities for developers to release and be part of that. I see this as most comparable to the app gold rush of the early 2010s when Apple’s App Store opened.” Apple is working on a headset and platform, and has obtained trademarks for Reality One and Reality Pro. “When Apple opens its Reality Whatever, a number of companies can rush out and try to build the first apps for that Reality metaverse,” Daniel said.
The emergence of this new tech market follows the pattern that innovation darts ahead of careful privacy planning. Daniel says, “A lot of these metaverse companies start off scrappy and small, and their goal is just to get the product out there. They’re not always thinking about the privacy issues when they explode. Then they have to retroactively figure it out.” Over half the young tech companies that Gregory Boyd encounters have run up a so-called privacy debt. Greg is quoted saying, “It’s probably seven out of ten. ‘We have a product making a lot of money. Can you help us shove some privacy in here?’”
Daniel says, “Metaverse privacy work, at core, involves upholding longstanding principles.” “Privacy is supposed to be technology agnostic.” Immersive worlds, for example, have faced COPPA restrictions since 1998, he observed.
Full article here. (Behind paywall)
Other Quoted
In a Data-Obsessed World, Attorneys Welcome Privacy Law Specialization
The Los Angeles Times quotes Daniel M. Goldberg on the California State Bar’s decision to offer a specialization in privacy law. Mr. Goldberg stated that the area of privacy regulation has been exploding with growth, with California on the forefront —driving a need for designating leaders in the field. “‘The law is very complex. But on top of the law being complex, the specialization really requires a level of technical expertise. The law talks all about measures that companies need to take with respect to collection, use, disclosure of data and opting out. But if you don’t understand how the technology works or how the ecosystem works, then it’s an area that would be very, very difficult for you,’ he said.”
“He added, ‘One thing about privacy law is that you also have to be an expert on what’s going on in the news, the latest changes and whether it has to do with ad-tech platforms or AI. If you’re not up with the latest changes, you’re going to fall behind very quickly.’”
Mr. Goldberg emphasized California's pioneering role in privacy regulation. He referenced the state’s passing “the first comprehensive privacy law (the California Privacy Act or CCPA) in 2018, which he said catalyzed the creation of similar laws across other states and established California as the national leader in privacy legislation.” He noted the state had also been a leader in enforcement, citing activity of the Attorney General’s office and the California Privacy Protection Agency’s multiple enforcement actions.
Mr. Goldberg also explained why data privacy is an increasing legal practice at law firms: “‘It’s incredibly lucrative just because it’s such a broad area. It really is a subject matter expertise that goes in so many different subcategories of practices, and so almost every firm now has to have a privacy expert.'" View Article
June 26 2025
Legal, Regulatory Woes Could Mark New Era for Influencers
Hannah E. Taylor is quoted in FTCWatch on class actions against influencers and the brands they represent. Such lawsuits alleging deceptive advertising are now seeking hundreds of millions of dollars in damages. Ms. Taylor discussed this trend and commented on the FTC’s position, the NAD’s increased attention to influencer marketing, the responsibility of brands, and AI tools used to monitor content. View Article. (Subscription required)
June 24 2025
An Influencer Gained Followers as She Documented Her Weight Loss. Then She Revealed She Was on a GLP-1
Hannah E. Taylor is quoted in The Wall Street Journal about social media influencer Janelle Rohner, who shared her weight loss progression with diet and lifestyle tips, selling a paid course on nutrition. When Ms. Rohner posted she was taking a medication used for weight reduction and diabetes, her critics questioned her the legality of her advertising and e-commerce. The article stated, “Hannah Taylor, deputy managing partner and a partner in the advertising, marketing and public relations group at law firm Frankfurt Kurnit Klein & Selz, said proving an influencer acted fraudulently is a high bar because many jurisdictions require showing that the defendant had an intent to deceive. False advertising is typically easier to prove. Taylor said if someone had purchased the course believing that it led to Rohner’s weight loss, when in fact the medicine was the cause, that could be a material omission that could subject the influencer to false advertising liability.” View article.
May 30 2025
