Brian Kint, CIPP/E, CIPP/US

Member

Philadelphia

(215) 665-2771

(215) 701-2305

Brian is a certified information privacy professional (CIPP/E, CIPP/US) who consistently finds creative solutions to his clients' problems.

Brian's passion lies at the intersection of law and technology. Prior to attending law school, Brian had a successful career as an IT professional at a large financial institution. He was credentialed as a Microsoft Certified Systems Engineer (MCSE) and a Cisco Certified Network Associate (CCNA). Brian’s mix of legal knowledge and IT experience makes him uniquely situated to advise and advocate for clients on constantly changing data privacy and cybersecurity issues. He can speak the language of the law as well as the language of the IT professionals responsible for developing and implementing technology solutions to adhere to the law and to the organization’s data security strategy. Not only does this capability give Brian a distinct advantage when litigating data privacy issues, but it also ensures that his clients’ legal obligations are successfully translated into effective IT solutions.

Brian serves as a judge advocate in the U.S. Army Reserve and is the secretary of the Harvard Law School Association of Greater Philadelphia.

 

Experience

News

Don’t Get Cocky: Firms May Not Be Prepared for Long-Term Remote Work

May 07, 2020

Trevor McGuinness and Brian Kint were quoted in a Law.com article regarding the legal industry's transition to remote work and how a permanent switch would impact new security and IT policies.

Demand for COVID-19 Tracking Places Greater Emphasis on Privacy by Design

April 14, 2020

Brian Kint was quoted in Legaltech news discussing how various governments have turned to private entities to help create COVID-19 tracking phone solutions.

Is tracking adherence to stay-at-home mandates a privacy concern?

April 09, 2020

Brian Kint was quoted in a Compliance Week article discussing the privacy concerns behind google offering user location data to health official's seeking to track peoples behavior during the stay-at-home orders.

Following Data Breach, In-House Counsel Should Review Company Email Policies

March 10, 2020

Brian Kint was quoted in Corporate Counsel discussing the information that hackers can access through email addresses.

HR and IT Should Team Up to Fight Cyberattacks

February 21, 2020

Brian Kint was quoted in HR Magazine discussing different ways to avoid cyberattacks and the types of companies at risk.

More Than Minor Changes? Assessing the Latest CCPA Updates

February 14, 2020

Brian Kint was quoted in a Compliance Week article discussing the revisions that were made to the proposed regulations implementing the California Consumer Privacy Act (CCPA).

How a Popular Privacy App Plans to Turn a Buck

February 11, 2020

Brian Kint was quoted in Protocol news discussing the privacy app, Jumbo.

Cozen O'Connor Sponsors NetDiligence Ninth Annual Cyber Claims Study

October 16, 2019

Cozen O’Connor sponsored the NetDiligence ninth annual Cyber Claims Study.

How To Keep Your Private Information Safe Following Massive Data Breach

July 30, 2019

Brian Kint discusses the latest breach of private information including the 100 million credit card holders who have been compromised.

Cozen O’Connor Elects 19 Associates to Membership

April 09, 2018

Cozen O’Connor has elected 19 associates to membership in the firm. The management committee appointed this qualified group of attorneys to membership based on demonstrated professionalism, leadership, dedication, and loyalty to Cozen O’Connor.

Publications

Courts Called to Examine Common Law Duty of Data Security

July 15, 2020

Brian Kint contributed an article to The Legal Intelligencer discussing how courts have increasingly been called upon to examine whether organizations have a duty under the common law to protect and secure the personal data of their employees, clients and customers.

The European Data Protection Board Issues Updated Guidelines on Consent [Cyber Law Monitor Blog]

May 08, 2020

On May 4, 2020, the European Data Protection Board adopted updated guidelines on what does and does not constitute consent under the General Data Protection Regulation (GDPR) in certain situations. Consent is one of the lawful bases to process personal information under GDPR. To be valid, consent...

The Children’s Online Privacy Protection Act and Online Learning [Cyber Law Monitor Blog]

April 08, 2020

With schools across the nation closing their physical locations and moving to an online learning environment, it is important for school officials to understand their obligations under the Children’s Online Privacy Protection Act (COPPA). COPPA regulates the collection of personal information from...

Plaintiffs Allege Security Promises Ring False [Cyber Law Monitor Blog]

February 26, 2020

John and Jennifer Politi, purchasers of several Ring products, have filed a putative class action lawsuit against Ring, LLC arising out of Ring’s alleged failure to implement industry standard security features into its products. The case has been consolidated with a similar case that was filed in...

What Is A “Reasonable Link” Under CCPA? [Cyber Law Monitor Blog]

February 13, 2020

On February 7, 2020, California Attorney General Xavier Becerra published modified regulations for the California Consumer Privacy Act after reviewing the public comments received on the initial draft regulations. While the modified regulations provide some much-needed clarity, they also leave...

International Data Transfers and APEC Rules

February 13, 2020

Brian Kint published an article to Bloomberg Law discussing one of APEC's initiatives, the APEC Privacy Framework, a principles-based privacy standard first approved by the APEC economies in 2004 and reworked in 2015.

Is Privacy Profitable? [Cyber Law Monitor Blog]

January 31, 2020

It is evident that a company must invest in its privacy practices to meet legal requirements if it wants to avoid investigation costs and potential civil penalties. But can investment in privacy, data security, and data management bring benefits to the organization beyond those of bare legal...

In Search Of A Federal Data Privacy Law [Cyber Law Monitor Blog]

January 14, 2020

In the absence of a comprehensive federal data privacy and data security law, states continue to fill the gap. The California Consumer Privacy Act took effect on January 1, 2020, and several other states have similar laws under consideration. Nevertheless, in search of a federal solution, two...

New York AG Files Lawsuit Against Dunkin’ Donuts For Attacks On Customer Accounts [Cyber Law Monitor Blog]

October 14, 2019

On September 26, 2019, New York Attorney General Letitia James filed a lawsuit against Dunkin’ Brands, Inc., the franchisor of Dunkin’ Donuts (“Dunkin’”). The lawsuit involves security issues surrounding Dunkin’s stored value cards, which customers can use to purchase Dunkin’ food and...

Privacy Primer: Family Educational Rights and Privacy Act (FERPA) [Cyber Law Monitor Blog]

September 04, 2019

FERPA is a U.S. law, passed in 1974, that protects the privacy of student educational records.  FERPA applies to all schools, from elementary schools to postsecondary education institutions, that receive federal funds under a program of the U.S. Department of Education.  FERPA and the regulations...

Is Privacy Dead in the World of the Internet of Things? [Legaltech News]

August 26, 2019

Brian Kint contributed an article to Legaltech news discussing his thoughts on privacy policies and how it affects our world today.

Ninth Circuit Finds Article III Standing For Procedural Violation Of Biometric Privacy Law [Cyber Law Monitor Blog]

August 23, 2019

The Ninth Circuit Court of Appeals has written the latest chapter of the ongoing saga of Article III standing for violations of the Illinois Biometric Information Privacy Act (“BIPA”).  BIPA requires, among other things, that before collecting a person’s biometric information, a company must...

Year To Date Changes To State Data Breach Notification Laws [Cyber Law Monitor Blog]

July 19, 2019

With so much attention being paid to the impending California Consumer Privacy Act, it can be easy to forget that other states have privacy and data security laws too.  And those laws change routinely, with potentially significant impacts on businesses.  Here is a quick rundown of changes to state...

'Spokeo' Standing Analysis After 'Rosenbach v. Six Flags' [The Legal Intelligencer]

July 18, 2019

Brian Kint published an article to The Legal Intelligencer in which he talks about two cases, one from the U.S. Supreme Court (Spokeo v. Robins, 136 S.Ct. 1540 (2016)) and one from the Illinois Supreme Court (Rosenbach v. Six Flags Entertainment, — N.E.3d —, 2019 IL 123186 (2019)).

Privacy Primer: Gramm-Leach-Bliley Act (GLBA) [Cyber Law Monitor Blog]

July 15, 2019

GLBA, sometimes called the Financial Services Modernization Act of 1999, is a U.S. banking law that has important privacy and data security requirements for institutions that are subject to the law.  The law applies to “any institution the business of which is engaging in financial...

Case Update: Wakefield v. ViSalus, Inc. [Cyber Law Monitor Blog]

June 26, 2019

A couple of months ago, I wrote about how a jury found multilevel marketing company ViSalus, Inc. responsible for making over 1.8 million robocalls in violation of the Telephone Consumer Protection Act.  Given the TCPA’s minimum statutory damages of $500 per call, ViSalus was looking at a minimum of...

Senate Bill Seeks to Protect Health Information Gathered from Wearable Devices [Cyber Law Monitor Blog]

June 25, 2019

I wear a fitness tracker.  I rarely take it off.  Throughout the course of the day, it collects a bevy of information about me: my heart rate, my exercise habits, the length and quality of my sleep.  When aggregated and observed over time, this information certainly reveals quite a bit of insight...

5 Ways Your Company’s Privacy Policy Could Be Insufficient [Corporate Compliance Insights]

June 24, 2019

Brian Kint explains how ill-crafted privacy policies can put a company and its customers’ data at significant risk and gives readers five of the top ways privacy policies are deficient.

Pennsylvania County Faces Up To $67 Million In Damages For Distribution Of Criminal Record Information [Cyber Law Monitor Blog]

May 30, 2019

A suburban Philadelphia county is facing a judgment of up to $67 million after a Pennsylvania federal jury found that it violated the Pennsylvania Criminal History Record Information Act. Pennsylvania’s Criminal History Record Information Act (“CHRIA”) governs the dissemination of records held by...

The Value Of Quickly Disclosing A Data Breach [Cyber Law Monitor Blog]

May 09, 2019

One of the first questions a company must answer after it discovers and remediates a data breach is, “What do we tell our customers?”  Companies may delay publicly announcing a data breach out of fear that doing so will harm their reputation with customers, leading to a loss of business.  They may...

Jury Verdict in TCPA Case Puts Over $925 Million In Damages On The Table [Cyber Law Monitor Blog]

April 18, 2019

On April 12, 2019, an Oregon federal jury returned a Friday evening verdict in a Telephone Consumer Protection Act (TCPA) class action that could put the defendant on the hook for $925 million in damages. The TCPA makes it unlawful to make a telephone call to any cell phone or residential...

5 Ways in Which Your Company’s Privacy Policy is Insufficient [Cyber Law Monitor Blog]

April 05, 2019

Well thought-out internal privacy policies and procedures are an essential part of any company’s information management program.  These internal policies should not be confused with a company’s external privacy notice, which informs the company’s customers as to how it may process, store, and...

U.S. Supreme Court Refuses to Search Google Settlement Agreement for Fairness [Cyber Law Monitor Blog]

March 22, 2019

The U.S. Supreme Court on Wednesday remanded a class action against Google so that the lower courts could determine whether any of the named plaintiffs have standing under Spokeo, Inc. v. Robbins. The underlying suit alleged violations of the Stored Communications Act (“SCA”).  The SCA...

Third Circuit Affirms Dismissal of FACTA Suit on Standing Grounds [Cyber Law Monitor Blog]

March 12, 2019

A three-judge panel of the Third Circuit recently affirmed a district court ruling that dismissed a suit for violation of the Fair and Accurate Credit Transaction Act of 2003 (FACTA) for lack of Article III standing.  The plaintiff, Ahmed Kamal, alleged that receipts he received from J. Crew showed...

Congress Holds Hearings on Privacy and Data Protection [Cyber Law Monitor Blog]

March 05, 2019

With all of the hubbub swirling around Capitol Hill last week with the Michael Cohen hearings, you can’t be blamed if you missed the fact that two important congressional hearings on privacy and data protection took place as well, one in the House and one in the Senate. First, on February 26,...

Preserving Privilege in Internal Investigations [Today's General Counsel]

August 15, 2014

In an article published in Today's General Counsel, Stephen Miller, a member of the Commercial Litigation Department, and Brian Kint, an associate in the Commercial Litigation Department, discuss the dispute involving the privileged status of documents created during internal code of business conduct (COBC) investigations conducted by Kellogg Brown & Root, Inc. The case serves as a reminder that reasonable jurists can evaluate privilege issues differently and gives examples of how companies can strengthen any assertion of privilege over internal investigation materials.

Juries and Social Networking Sites [The Champion]

January 13, 2014

Social media is a mainstay in daily life. Over a billion people are registered users of Facebook. The Facebook logo and the logos of other social networking giants such as Twitter are quickly becoming as iconic as McDonald's Golden Arches or Apple's apple. As the popularity of social networking sites grew, industries scrambled to utilize such a powerful tool. The legal profession is no exception. Unfortunately, the combination of rapidly changing technology and slowly evolving law has created a potpourri of law in which little is settled or clear when it comes to social media and the courtroom. What is clear, however, is that attorneys who understand how social media can help or hurt their clients and have well-defined plans for tackling social media issues will be in the best position to successfully advocate for their clients.

Beware of Self-Promotion While Blogging [The Legal Intelligencer]

June 26, 2013

Lawyers and law firms are increasingly using blogs, also referred to as "blawgs," along with social media sites such as Facebook and Twitter, to build their visibility and brand. While blogs do not have the traditional look and feel of attorney advertising, they certainly have at least some measure of commercial purpose. After all, it is unlikely that law firms would expend resources on this new form of communication if they did not at least hope to receive some return on their investment. Yet, blogs may not fit neatly inside regulations on attorney advertising that were written with more traditional media formats in mind.

Celebrity Endorsements: Your Morals Clause Return Policy [The Legal Intelligencer]

November 21, 2012

On November 5 in Edenbridge, U.K., a 30-foot-tall model of Lance Armstrong was burned to celebrate Guy Fawkes' failed plot to blow up the Parliament. The giant Armstrong likeness held a Tour de France cup in one hand and a sign in the other, which read,

Rule 23 (f) Class Certification Appeals: Boon or Bust? [The Legal Intelligencer]

April 09, 2012

Federal court class actions have been around for over 50 years. As they grew in importance in the 1960s and 1970s, it was a bit like the tale of Frankenstein. Had the class action rule created an improved tool allowing small claimants a fair day in court against large, deep-pocketed corporations? Or had the class action become something greater than intended — something that turned the risks and costs of litigation so much against corporate defendants that the class action had merely substituted one form of unfairness for another?

Rule 23(f) Class Certification Appeals: Boon or Bust [The Legal Intelligencer]

April 09, 2012

Federal court class actions have been around for over 50 years. As they grew in importance in the 1960s and 1970s, it was a bit like the tale of Frankenstein. Had the class action rule created an improved tool allowing small claimants a fair day in court...?

The Stop Online Piracy Act and the High Seas of the Internet Age [The Legal Intelligencer]

February 15, 2012

The Stop Online Piracy Act and the High Seas of the Internet Age - The Legal Intelligencer -

When 'The Law' Is in the Lobby [The Legal Intelligencer]

January 11, 2012

When 'The Law' Is in the Lobby - The Legal Intelligencer -

Events & Seminars

Past Events

NetDiligence Cyber Claims Study

November 06, 2019 - Webinar

NetDiligence Cyber Risk Summit

October 17, 2019 - Santa Monica, California

Education

  • Harvard Law School, J.D., 2011
  • Georgia State University, B.A., 2008
  • New Jersey
  • Pennsylvania
  • U.S. District Court -- Eastern District of Pennsylvania
  • U.S. District Court -- New Jersey
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for Veterans' Claims

Honorable Gerald J. Pappert, U.S. District Court for the Eastern District of Pennsylvania

  • Pennsylvania Bar Association
  • Philadelphia Bar Association