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July 5th, 2023
What Are “Data Clean Rooms”?
Privacy & Data Security Group Chair, Daniel M. Goldberg is quoted in the article, "What Are 'Data Clean Rooms'?" published by The Markup. The article discusses the use of "data clean rooms" including proper implementation, privacy concerns, and their effectiveness in privacy regulation. Daniel is quoted saying, "So there is no silver bullet. Every clean room operates somewhat differently. It’s all subject to what the vendor is actually doing. So just like anything, it’s a marketing buzzword in a lot of ways, and the devil is in the details.”
Daniel notes that the use of clean rooms is a positive thing and believes a lot of good work has been done to integrate their use in the industry. However, he cautions that simply using a clean room does not relieve companies of their regulatory responsibilities. He adds, "While the use of clean rooms may reduce their risks, “it can’t just be like, ‘Oh, we use it, therefore we don’t have to comply with anything because we’re no longer subject to privacy law.'"
Daniel recommends the use of data clean rooms be disclosed in a company’s privacy policy. "I would say the number one concern is the lack of knowledge from consumers that this is actually happening. There’s an issue where these clean rooms don’t have a direct relationship for the most part with consumers.… How could a consumer ever figure this out?”
In conclusion, he says, "If you’re going to engage in data clean room activities, you need to make sure that you’re giving users [a] choice about this. And if they want to be able to opt out, you should allow them to opt out.”
Read the full article here.
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
