Cozen O’Connor: Kint, Brian

Brian Kint, CIPP/E, CIPP/US

Member

Philadelphia

(215) 665-2771

(215) 701-2305

Recent News:

Cozen O'Connor Sponsors NetDiligence Ninth Annual Cyber Claims Study

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

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

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

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,...

FTC Announces Record Settlement for Children’s Privacy Violations [Cyber Law Monitor Blog]

March 01, 2019

On February 27, the FTC announced that the operators of the video social networking application Musical.ly, now known as TikTok, agreed to pay $5.7 million to settle allegations that it violated the Children’s Online Privacy Protection Act (COPPA). According to the FTC, this is the largest civil...

Is it Time to Rethink Notice and Choice as a Fair Information Privacy Practice? [Cyber Law Monitor Blog]

February 13, 2019

Since the 1970’s, fair information practices (FIPs) or fair information privacy practices (FIPPs) have formed the framework around which organizations structure their policies on data collection, use, disclosure, and retention.  The cornerstone of individual privacy rights under the FIPs is notice...

Privacy Primer: The Children’s Online Privacy Protection Act (COPPA) [Cyber Law Monitor Blog]

February 04, 2019

COPPA is a U.S. law enacted by Congress in 1998 to address concerns regarding the online collection and disclosure of children’s personal information. Children (defined by COPPA as individuals under the age of 13) may not appreciate the significance of sharing their personal information online....

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,

A Spoliation Ace in the Hole [E-Discovery Law Review Blog]

April 17, 2012

A district court case decided last month shows how a company’s email retention and litigation hold policies can affect claims of spoliation by adverse parties in litigation. In Danny Lynn Electrical v. Veolia ES Solid Waste, No. 2:09CV192-MHT, 2012 U.S. Dist. LEXIS 31685, at *2 (M.D....

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...?

NLRB Strikes Down Class Arbitration Waiver [Class Action Defense Review Blog]

February 23, 2012

Last year, in AT&T Mobility v. Concepcion, the Supreme Court upheld a class arbitration waiver in a consumer contract. Now, however, the National Labor Relations Board has struck down a similar waiver in the employment context, holding that requiring employees to submit all employment-related...

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 -

When Class Counsel Crosses an Ethical Line [Class Action Defense Review Blog]

January 09, 2012

Class actions allow for the aggregation of numerous small claims into what can prove to be a very large payday for the lawyers representing the class. On the one hand, this mechanism allows plaintiffs with small-value claims to vindicate rights that otherwise likely would not be brought to court. On...

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