Privacy and security underpins the innovative strategies of businesses across all sectors and introduces both legal and operational concerns. As a Managing Associate in Orrick's internationally recognized Cyber, Privacy & Data Innovation team, Nick Farnsworth advises clients on a broad range of privacy and security matters, including compliance, contracting, risk management, government investigations and incident response.
Nick's practice focuses on guiding clients through the patchwork of state, federal and international privacy and security laws. His practice includes advising clients on proposed and effective state privacy and security laws, such as the California Consumer Privacy Act (CCPA), Section 5 of the Federal Trade Commission Act (FTC Act), biometric privacy laws, such as the Illinois Biometric Information Privacy Act (BIPA), the Children's Online Privacy Protection Act (COPPA), the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA), the Telephone Consumer Protection Act (TCPA), CAN-SPAM, and state breach notification laws. Nick also advises clients on the impact of international laws from a U.S. perspective, including the European Union General Data Protection Regulation (GDPR) and ePrivacy Directive.
Nick assists clients from a broad range of industries and sectors in assessing their current privacy and security practices. He regularly assists clients in developing global privacy and security programs to practically implement the principles and obligations underlying various legal regimes, as well as assessing proposed marketing, product and business strategies from a privacy and security perspective. Nick also advises clients on privacy and security government investigations and the assessment of suspected incidents or breaches and any associated notification obligations, as well as the privacy and security risks associated with proposed transactions and the development and deployment of advanced technologies, including adtech, artificial intelligence and machine learning, automated and connected vehicles, and biometric tools.
In addition, Nick has an active pro bono practice, which has included representing clients in immigration and innocence matters and assisting small businesses with their legal needs.
To make the California Consumer Privacy Act (CCPA) more accessible, Nick was a member of the team that developed Orrick's CCPA Readiness Assessment Tool. The tool provides companies an opportunity to test their preparedness for compliance with the CCPA as a first step to constructing their strategic compliance roadmap.
Prior to law school, Nick worked in the defense industry, which spurred his interest in innovative, cutting-edge technology and helps him better understand how to integrate legal solutions with business practicality in order to address the needs of his clients.
Nick has obtained the Certified Information Privacy Professional - United States (CIPP/US) and Certified Information Privacy Technologist (CIPT) designations from the International Association of Privacy Professionals.