Supplementing SCCs to Solve Surveillance Shortfalls

By invalidating the EU-U.S. Privacy Shield but not rejecting wholesale the use of standard contractual clauses to transfer data to the U.S., the Court of Justice of the European Union in “Schrems II” left open the possibility that such transfers could continue. However, it emphasized that exporters and importers may need to adopt additional safeguards when using SCCs to ensure an adequate level of protection for personal data transferred to the U.S.

Until now, commentators have seemed unsure as to what those safeguards might be or how they can address potentially irredeemable flaws in the U.S. surveillance system. In this article published in the IAPP Daily Dashboard, ZwillGen attorneys Marc Zwillinger, Mason Weisz, and Kandi Parsons detail a proposed solution consisting of technical measures, supplemental clauses, and exit strategies.

Bose Shakes Wiretap Claims In Headphone Data Privacy Row

An Illinois federal judge has permanently axed wiretapping claims from a proposed class action involving headphone data. View the order here: The 360 article linked below is paywalled.

ZwillGen Appoints Two New Shareholders and Adds Two New Attorneys

NEW YORK, SAN FRANCISCO, and WASHINGTON, DCZwillGen is pleased to announce that two veteran attorneys of its California and New York offices have been newly appointed Shareholders of the Firm. In addition, ZwillGen has added one new attorney in Washington, DC to support its growing International Law Enforcement practice and one new attorney in New York to bolster its privacy capabilities, including privacy due diligence for acquisitions, mergers, and investment transactions.

Anna Hsia has been voted in as a Partner of ZwillGen Law LLP in San Francisco and Mason Weisz has been voted in as a Shareholder in ZwillGen PLLC’s New York office.

“Anna and Mason have become invaluable parts of the Firm and we will be looking to them as leaders to further develop our capabilities on both coasts outside of the Washington, DC office,” said Marc Zwillinger, ZwillGen’s Founder and Managing Member.

Additionally, Liz DeYoung, a former federal prosecutor at the Department of Justice, Criminal Division, Office of International Affairs, has been brought on in Washington, DC to assist the Firm’s growing Law Enforcement practice, especially with regard to working with International Law Enforcement and Cloud Act requests. Also, former Cleary Gottlieb Steen & Hamilton LLP attorney Jane Rosen has joined the Firm’s New York office to assist on privacy-related matters, including evaluating privacy due diligence as it relates to a wide spectrum of transactions ranging from acquisitions to investments.

About the Attorneys

Anna Hsia – Anna counsels clients on product development and privacy issues, and litigates complex business disputes. Her broad clientele includes Bay Area companies in the gig economy, online gaming, cloud computing, advertising, and biotechnology space. Anna has also served as the head of the Firm’s West Coast operations.
View Anna’s Bio >

Mason Weisz – Mason focuses on a wide variety of privacy, security, and Internet issues, with emphasis on helping companies that are subject to both US and European law, including in relation to the California Consumer Privacy Act and EU General Data Protection Regulation. For the past several years, he has led ZwillGen’s international efforts. A former web designer, he has extensive experience with the technology that drives digital media and e-commerce.
View Mason’s Bio >

Liz DeYoung – Liz has more than a decade of combined experience in private and government practice. Liz advises clients regarding demands for user data under ECPA, the CLOUD Act and data localization issues, engagement with law enforcement authorities (both within and outside of the United States), and other matters concerning cross-border access to data. She also provides a range of corporate governance, transactional, and commercial contracting advice to clients.
View Liz’s Bio >

Jane Rosen – Jane’s practice focuses on privacy, data protection, and technology-related issues. As a Certified Information Privacy Professional (CIPP/US), she advises clients on their legal obligations under applicable privacy laws and regulations, as well as strategies for managing compliance and risks. She has a strong background in transactional contexts such as mergers and acquisitions, joint ventures, financings, restructurings, capital markets offerings and various commercial, licensing, and services arrangements.
View Jane’s Bio >

Webinar: Best Practices for Private Fund Managers’ Use of Alternative Data

Join Stacey Brandenburg for a webinar covering issues relating to the use of alternative data by private fund managers, which are all the more important given the SEC’s reported focus on how investment advisers are accessing and using alternative data. The discussion will address:

  • generating or purchasing datasets, and the pros and cons of each;
  • managing third-party data providers;
  • complying with recent data privacy laws and cybersecurity guidance; and
  • avoiding insider trading and other risks.

The webinar will be moderated by William V. de Cordova, Editor-in-Chief of the Hedge Fund Law Report, and Stacey will be joined by Adam Reback, director at Optima Partners, and Jeffrey Neuburger, partner at Proskauer.

Date: January 15, 2020
Time: 11am – 12pm ET

Should Companies Retaliate Against Hackers? Here’s What Experts Are Saying

In this article by Levick CEO Richard Levick, Jon Frankel comments on the Active Cyber Defense Certainty Act (ACDCA) and the importance of correctly attributing a cyber attack.

LightYear Is FTC’s Data Security Warning To B2B Companies

In this Law360 article, Jason Wool, Michelle Anderson, and Marci Rozen discuss the Federal Trade Commission’s intent on enforcing the Gramm-Leach-Bliley Act (GLBA) on a wider array of technology companies involved in financial services following their recent settlement with an automotive software developer. This article is paywalled.

Cybersecurity Lawmaking Needs Help From Specialists

In the absence of comprehensive federal cybersecurity legislation applicable to U.S. businesses, states have been addressing the issue through their own laws and regulations. In this article for Law360, Jason Wool discusses the importance of including both technologists and information security lawyers in the bill drafting and amendment process. This article is paywalled.

ZwillGen Named Once Again as a Top Law Firm for Female Attorneys

We are extremely proud to be named once again as a top law firm for female attorneys in Law360’s annual Glass Ceiling Report.  This article is paywalled.

Navigating the Risks of Alternative Data Collection and Use

With regulations such as the GDPR and the California Consumer Protection Act imposing additional restrictions on data usage in general and alternative data in particular, it is increasingly critical for companies to understand what data sets it collects and what usage restrictions or requirements may attach to the data. ZwillGen shareholder Stacey Brandenburg spoke to the Cybersecurity Law Report about alternative data, its uses, risks and legal considerations, and recommended steps to mitigate these risks. This article is paywalled.

ZwillGen Launches $100,000 Relief Initiative to Support Furloughed Federal Employees

WASHINGTON, D.C., January 22, 2019 – ZwillGen PLLC launched an initiative today to provide up to $100,000 in relief to federal workers who are affected by the government shutdown. Furloughed federal workers in the D.C., Maryland, and Virginia area can receive no-interest, no-fee loans for up to $500 without a credit check and with generous repayment terms.

To avoid any conflicts of interest, eligible federal workers must work for agencies where ZwillGen does not have any pending business and where the firm is unlikely to have any in the near future. These include agencies such as the EPA, National Park Service, and the TSA, and others to be determined on a case-by-case basis. Federal employees must also make less than $65,000 annually and work in the D.C. area to be eligible.

Interested federal employees should visit:

“We hope the President stops holding federal workers hostage as soon as possible, but in the meantime, we cannot ignore the needs of those in our community who are most affected,” said Marc Zwillinger, ZwillGen’s Founder and Managing Member. “We will do our part to help for as long as the shutdown is in effect.”

ZwillGen estimates that the initiative can help at least 200 people in the D.C. area. The firm invites its clients and other law firms to join this effort by providing additional funding. With more funds the program can support more furloughed workers.

“Our clients also care for those in need,” said Zwillinger. “We invite others who want to help to follow our lead. The opportunity here is simple: with more funds we all can help reduce the impact of this shutdown for more people.”

ZwillGen clients and partners who want to speak with us about this initiative can contact Alli Goings at