Bio

Zach Lerner’s practice focuses on a variety of legal matters impacting Internet-based companies. He helps B2C and B2B companies in a wide range of industries, including media and publishing, streaming, transportation and delivery, education technology, financial technology, and fantasy sports/skill and chance gaming, with issues related to privacy, data diligence, e-commerce, advertising, product development, and regulatory compliance.

Zach works closely with clients on automatic renewal and continuing subscription offerings, helping them navigate the patchwork of state, federal, and international laws and regulations. He is also part of the Uniform Law Commission’s Recurring Service Charges Committee which has been tasked with drafting a model state bill governing auto-renewing and continuous service contracts. Additionally, he advises mobile app providers on the rules restricting in-app purchases and marketing.

Zach regularly counsels companies on emerging privacy and data protection laws, including the California Consumer Privacy Act (CCPA), Virginia Consumer Data Protection Act (VCDPA), Colorado Privacy Act (CPA), and other comprehensive state privacy laws, as well as global marketing rules. He also has extensive experience with state and federal student privacy statutes, including COPPA, FERPA, and SOPIPA. Zach works with clients on mitigating risks associated with using alternative data, managing social media influencer campaigns, operating user review platforms and consumer rewards programs, and designing websites and mobile apps for accessibility. He assists clients in drafting policies and procedures, including terms of service, privacy policies, end user licensing agreements, API agreements, and vendor contracts. In addition, he understands the practical considerations for implementing blockchain and smart contract technology.

When it comes to litigation and government investigations, Zach has extensive experience assisting clients facing complex class action lawsuits, FTC investigations, and multi-state attorney general investigations. He has represented clients in matters involving COPPA, 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), the California Automatic Renewal Law, as well as state privacy and unfair competition laws.

Zach served as a law clerk to the Honorable Peter J. Messitte on the United States District Court for the District of Maryland. He is published in DataGuidance for his work on data privacy and protection in the education sector as well as the Harvard Journal of Law & Technology and the Yale Journal of Law and Technology.

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.