Jonathan Newmark is an of counsel in Morrison Foerster’s Privacy + Data Security Group. He advises clients across industries on data protection best practices, national and international regulatory compliance, information governance, product development, 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 and cybersecurity issues related to local, global, and industry-specific legal frameworks, 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, 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), 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 policies and procedures, guided product development and design, and advised on corporate transactions. 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 and Massachusetts attorneys general, and foreign regulators.
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, 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.
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.