Recent Publication:
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...
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.
News
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.
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.
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.
March 10, 2020
Brian Kint was quoted in Corporate Counsel discussing the information that hackers can access through email addresses.
February 21, 2020
Brian Kint was quoted in HR Magazine discussing different ways to avoid cyberattacks and the types of companies at risk.
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).
February 11, 2020
Brian Kint was quoted in Protocol news discussing the privacy app, Jumbo.
October 16, 2019
Cozen O’Connor sponsored the NetDiligence ninth annual Cyber Claims Study.
July 30, 2019
Brian Kint discusses the latest breach of private information including the 100 million credit card holders who have been compromised.
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
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...
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...
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...
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...
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.
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...
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...
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...
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...
August 26, 2019
Brian Kint contributed an article to Legaltech news discussing his thoughts on privacy policies and how it affects our world today.
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...
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...
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)).
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...
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...
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...
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.
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...
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...
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...
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...
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...
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...
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,...
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.
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.
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.
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,
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?
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...?
February 15, 2012
The Stop Online Piracy Act and the High Seas of the Internet Age - The Legal Intelligencer -
January 11, 2012
When 'The Law' Is in the Lobby - The Legal Intelligencer -