Zach Lerner’s practice focuses on a variety of legal matters impacting Internet-based companies. He helps companies in a wide range of industries, including education technology, financial technology, and fantasy sports/skill and chance gaming, with issues related to privacy, data diligence, e-commerce, copyright enforcement, advertising, and regulatory compliance. In addition, he has a deep knowledge of the practical considerations for implementing blockchain and smart contract technology.
Zach works with clients on mitigating risks associated with using alternative data, operating social media influencer campaigns, and designing user review platforms. He has extensive experience with web accessibility compliance, state auto-renewal statutes, and state and federal student privacy statutes, including COPPA, FERPA, and SOPIPA. Zach assists clients in drafting policies and procedures, including terms of service, privacy policies, end user licensing agreements, API agreements, and vendor contracts. He also has experience helping clients respond to third party subpoenas, investigate occurrences of employee misconduct, diligence acquisition targets, and assess open source risk and compliance measures.
Additionally, Zach assists clients facing complex class action lawsuits, FTC investigations, and multi-state attorney general investigations. He has represented clients in matters involving the Electronic Communications Privacy Act (“ECPA”), the Video Privacy Protection Act (“VPPA”), the Michigan Video Rental Privacy Act (“VRPA”), the Illinois Biometrics Information Privacy Act (“BIPA”), as well as state privacy and unfair competition laws.
Zach previously served as a Fellow at ZwillGen. Following his fellowship, Zach served as a law clerk to the Honorable Peter J. Messitte on the United States District Court for the District of Maryland. Zach is published in the Harvard Journal of Law & Technology for his work on the role of public-private partnerships in mitigating botnets as well as the Yale Journal of Law and Technology for his research on remote access search warrants.
Zach received his J.D. from Harvard University, where he graduated cum laude and served as a legal research assistant at the Berkman Center for Internet & Society. After earning his A.B. from Duke University, Zach joined Teach For America and taught middle school social studies for two years while simultaneously earning his Master’s in Education.
Key Takeaways: Subject data rights for employee data and business-to-business data were narrowed (for a year). The definition of personal information was clarified; the toll-free number requirement has an exception. The definition of sale remains ...Read More
In the highly-anticipated decision in the hiQ Labs v. LinkedIn case, the Ninth Circuit upheld the preliminary injunction against LinkedIn, prohibiting it from barring hiQ’s scraping of public profiles from its site. ...Read More
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