Nicholas Farnsworth

Senior Associate

Boston

Nick Farnsworth counsels clients on United States (U.S.) and international privacy, security and data enablement requirements and strategies. Nick develops comprehensive data protection programs and risk management solutions for the development, use and acquisition of advanced technologies, including advertising technology (adtech), automated and connected vehicles, biometric tools, machine learning and artificial intelligence (AI). He also represents clients subject to regulatory inquiry and governmental investigations relating to their data and technology practices.

Nick provides compliance guidance on both proposed and effective laws on a federal and state level in the United States, including:

  • Controlling the Assault of Non-Solicited Pornography And Marketing Act (CAN-SPAM)
  • Children’s Online Privacy Protection Act (COPPA)
  • Illinois Biometric Information Privacy Act (BIPA) and other biometric privacy laws
  • Fair Credit Reporting Act (FCRA)
  • Gramm-Leach-Bliley Act (GLBA)
  • Section 5 of the Federal Trade Commission Act (FTC) Act
  • Telephone Consumer Protection Act (TCPA)
  • U.S. state breach notification laws
  • U.S. state privacy laws
  • U.S. artificial intelligence laws

He also counsels clients on the impact of international laws from a U.S. perspective, including the General Data Protection Regulation (GDPR), the ePrivacy Directive (ePD), and the EU Artificial Intelligence Act.

Nick helps clients develop flexible governance frameworks for the development and use of artificial intelligence in the face of ever evolving AI legislation. He also advises clients on strategies, policies and procedures for the sourcing of AI training data, the responsible use of AI by employees, the assessment of risks presented by AI tools, the design of consumer-facing AI, the negotiation of AI-related contracts and the handling of AI-related regulatory inquiries and investigations.

Nick also devotes a portion of his practice to innovative client solutions and community engagement. He was part of the Orrick team that developed Orrick’s AI Resource Center, EU AI Act reference guide, U.S. AI Law Tracker and Gen AI Policy Builder. His pro bono practice has included representing clients in immigration and innocence matters and assisting small businesses with their legal needs.

Nick has obtained the Certified Information Privacy Professional -/ United States (CIPP/US), Certified Information Privacy Technologist (CIPT) and Privacy Law Specialist (PLS) designations from the International Association of Privacy Professionals (IAPP).