Jonathan Newmark advises clients across industries on data protection best practices, global regulatory compliance, information and artificial intelligence governance, product development, litigation risk mitigation and pre-litigation strategy, consumer trust and safety, transaction diligence, crisis management, and cyber incident response.
Jonathan counsels clients ranging from emerging to late-stage to public companies in a variety of industries on complex data privacy, artificial intelligence, and cybersecurity issues related to general and industry-specific legal frameworks in the United States, Europe, and other jurisdictions around the globe, including the Health Insurance Portability and Accountability Act (HIPAA), the General Data Protection Regulation (GDPR) and the ePrivacy Directive, the EU-U.S. Data Privacy Framework, the Colorado AI Act, and other laws governing artificial intelligence and automated decision-making, state and federal wiretapping laws, the California Privacy Rights Act (CCPA/CPRA), the Telephone Consumer Protection Act (TCPA), the Illinois Biometric Information Privacy Act (BIPA), the Children’s Online Privacy Protection Act (COPPA), age-appropriate design codes, app store accountability laws, and other children’s and teen privacy laws, the Fair Credit Reporting Act (FCRA), and the Gramm-Leach-Bliley Act (GLBA).
As part of his practice, Jonathan has negotiated data transfer and processing agreements, implemented vendor risk-management programs, developed information security and artificial intelligence policies and procedures, guided product development and design, navigated pre-litigation demands and disputes, and advised on corporate transactions, including public company acquisitions and joint ventures. Jonathan has also coached clients through largescale data breaches and regulatory scrutiny related to information security and consumer protection, which has included representing clients in front of the Federal Trade Commission (FTC), the New York, California, and Massachusetts attorneys general, and European data protection authorities.
Jonathan’s representative matters have comprised designing and implementing a large social media organization’s internal technical investigation related to the 2016 U.S. presidential election, advising on the development of a large technology company’s metaverse platform, designing trust and safety programs for an artificial intelligence chatbot application and a teen social media platform, preparing a data protection framework for a joint venture designed to develop connected vehicle technologies, counseling automotive manufacturers on integrating privacy-by-design into telematics systems, drafting an amicus brief in connection with a data-sharing proposal in an antitrust matter involving one of the world’s largest technology companies, advising an artificial intelligence clinical notetaking platform on compliance with HIPAA and applicable AI regulatory requirements, and coaching a mobile banking business through cooperation with the Department of Justice and law enforcement authorities in consumer fraud investigations.
Jonathan also maintains an extensive pro bono practice, which has included counseling nonprofit organizations on data protection best practices, as well as successfully representing LGBTQ+ and other refugees in their applications for asylum and immigration status in the United States. As part of Jonathan’s pro bono practice, he also regularly assists nonprofit organizations in developing privacy policies, data sharing agreements, and other privacy compliance documentation.
Jonathan is designated as a Certified Information Privacy Professional (CIPP/US) by the International Association of Privacy Professionals.
Jonathan received his J.D. from Columbia Law School, where he was recognized as a Harlan Fiske Stone Scholar. He received his B.A. from Harvard College, where he graduated cum laude.