Biometric Privacy Laws: Best Practices for Compliance and Litigation Update

Tyler Newby focuses his practice on privacy and data security litigation, counseling and investigations, as well as intellectual property and commercial disputes affecting high technology and consumer-facing companies. Tyler has an active practice in defending companies in consumer class actions, state attorney general investigations and federal regulatory agency investigations arising out of privacy and data security incidents. In addition to his litigation practice, Tyler regularly advises companies large and small on reducing their litigation risk on privacy, data security and secondary liability issues. Tyler frequently counsels companies on compliance issues relating to key federal regulations such as the Children’s Online Privacy Protection Act (COPPA), the Fair Credit Reporting Act (FCRA), the Computer Fraud and Abuse Act (CFAA), the Gramm Leach Bliley Act (GLBA), Electronic Communications Privacy Act (ECPA) and the Telephone Consumer Protection Act (TCPA).

In 2014, Tyler was named among the top privacy attorneys in the United States under the age of 40 by Law360. He currently serves as a Chair of the American Bar Association Litigation Section’s Privacy & Data Security Committee, and was recently appointed to the ABA’s Cybersecurity Legal Task Force. Tyler is a member of the International Association of Privacy Professionals, and has received the CIPP/US certification.?

Prior to rejoining Fenwick & West in 2011, Tyler was a Trial Attorney with the U.S. Department of Justice’s Computer Crime and Intellectual Property Section. As a federal prosecutor, Tyler investigated and prosecuted intellectual property and cybercrimes nationwide, and advised federal law enforcement on compliance with the Fourth Amendment, the Electronic Communications Privacy Act, and other statutes pertaining to electronic surveillance and the search and seizure of electronic information.

While at the Department of Justice, Tyler also served as a Special Assistant United States Attorney in the Cyber Unit of the United States Attorney’s Office for the Eastern District of Virginia in Alexandria, Virginia. As a Special Assistant, Tyler prosecuted fraud, intellectual property and computer intrusion offenses.

Tyler is an experienced trial lawyer. His courtroom experience has included serving as lead trial counsel on complex intellectual property and fraud matters, including the first criminal jury trial concerning the use of the BitTorrent protocol to facilitate criminal copyright infringement. Tyler also has extensive experience in handling ex parte and preliminary injunction procedures in both California and federal trade secret, copyright and trademark matters.

Patrick Castle is a trial-tested litigator who focuses on complex commercial disputes. He has represented clients in multiple forums, including state and federal courts and domestic and international arbitrations, and has experience across all stages of litigation, including trials and appeals. Patrick has pursued and defended claims involving a wide range of subjects, including federal and state jurisdiction, contract law, corporate law, data privacy law, product liability law, bankruptcy law, and American Indian law.

Patrick has tried multiple cases to conclusion and briefed several appeals. For example, before joining Jones Day in 2018, Patrick examined a key witness and delivered closing argument in a multimillion dollar international arbitration with related proceedings in Mexico City, New York City, and Paris. The case resulted in total victory for Patrick's client. He also has argued numerous dispositive and other motions, including a successful motion to dismiss claims that sought to hold a corporate client's CEO personally responsible for the corporation's conduct.

Patrick has written and spoken on the emerging field of biometric privacy law, including for the American Bar Association and the Association of Corporate Counsel. Before he became a lawyer, Patrick was a Teach For America corps members in St. Louis, Missouri, where he taught 9th grade civics and mathematics.

Ms. Grossenbacher is a partner in Seyfarth Shaw’s Washington, D.C. office concentrating in labor and employment law. She is Chair of the Washington, D.C. Labor & Employment Practice Group and also heads the Firm’s National Workplace Privacy team. In addition, Ms. Grossenbacher serves on the Steering Committee of the Firm’s Global Privacy and Security team and the firm’s national Labor and Employment Steering Committee.

In the workplace privacy area, Ms. Grossenbacher specializes in advising employers on workplace privacy issues, such as monitoring of electronic communications, such as social media, texts, group messaging and personal email accounts, video surveillance, workplace searches and investigations, and preparation of policies that raise workplace privacy issues, such as Bring Your Own Device (BYOD) policies, workplace communication policies, electronic communications policies and social media policies. Ms. Grossenbacher also specializes in advising employers on responding to cybersecurity incidents and data breaches, including preparation of data breach response plans. Ms. Grossenbacher is a frequent presenter, author and blogger on workplace privacy issues.

Ms. Grossenbacher is both an experienced litigator and counselor. She regularly advises employers on compliance with employment laws, both state and federal, and advises in-house counsel and human resources executives on high-risk terminations, employee privacy issues, and layoffs and also conducts policy reviews and audits of employment documents. Ms. Grossenbacher also has significant experience conducting high stakes workplace investigations for clients.

In the litigation arena, Ms. Grossenbacher has extensive experience representing employers across the country in employment-related litigation on federal, state and local levels before courts, arbitration tribunals and administrative agencies. Ms. Grossenbacher’s record in obtaining summary judgment on behalf of her clients is stellar, and she regularly litigates claims concerning discrimination, wage and hour violations (including collective actions), violations of ERISA, enforceability of arbitration agreements in the employment context and covenants not to compete.

Ms. Grossenbacher is well-versed in issues facing non-profit employers, as she represents a number of the largest non-profit organizations in the country. She also represents a number of startups and emerging companies and advises them on the labor and employment issues facing growing companies.

Ms. Grossenbacher joined Seyfarth Shaw in 1993 after clerking for the Honorable Mildred M. Edwards of the Superior Court for the District of Columbia.

David is an associate attorney whose practice is focused on civil, commercial and class action litigation, with a focus on protecting the rights of American consumers. Prior to joining McGuire Law, David clerked for a civil rights firm in Madison, Wisconsin where he conducted legal research and writing on various constitutional issues while working to protect civil rights.

David received his J.D. from the University of Wisconsin Law School. During law school, David served as Vice-President of the UW Law Mock Trial Team, and competed in the Texas Young Lawyers Association National Trial Competition. Additionally, David spent a year working with the Wisconsin Innocence Project to exonerate the wrongfully convicted. He received his B.A. Cum Laude from Northern Illinois University where he provided research assistance to Dr. Artemus Ward for Historical Dictionary of the U.S. Supreme Court (Rowman and Littlefield Publishers, 2015). David is a native of the Chicago area and is a member of the Illinois and Wisconsin Bars.