Privacy and cybersecurity underpins the innovative strategies of businesses across all sectors and introduces both legal and operational concerns. As a member of Orrick's internationally recognized Cyber, Privacy & Data Innovation team, Nick Farnsworth advises clients on a broad range of privacy and cybersecurity matters, including compliance, risk management and incident response.
Nick's practice focuses on guiding clients through the existing patchwork of state, federal and international privacy and cybersecurity laws. His practice includes advising clients on Section 5 of the Federal Trade Commission Act, the Fair Credit Reporting Act (FCRA), the Telephone Consumer Protection Act (TCPA), CAN-SPAM, state breach notification laws and state privacy and cybersecurity laws, such as the California Consumer Privacy Act. Nick also advises clients on the impact of international laws from a U.S. perspective, including the European Union General Data Protection Regulation (GDPR).
Nick assists clients from a broad range of industries and sectors in assessing their current privacy and cybersecurity practices. He regularly assists clients in developing global privacy and cybersecurity programs to practically implement the principles and obligations underlying various legal regimes, as well as assessing proposed marketing/advertising, transactional and business strategies from a privacy and cybersecurity perspective. Nick also advises clients on the assessment of suspected incidents/breaches and any associated notification obligations, as well as the privacy and cybersecurity risks associated with proposed transactions and ventures.
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.