Marian Waldmann Agarwal is a partner in the Data, Cyber + Privacy Group at Morrison Foerster. She also co-leads the firm’s Artificial Intelligence Group and is a member of the global Environmental, Social, and Governance (ESG) Responsible Tech Committee. Marian’s unique blend of business and legal skills, honed through her background in information systems and business management, is a key asset in her role. Her in-house experience as a secondee to two different companies has provided her with firsthand knowledge of the internal business needs required for company initiatives to succeed. 

Marian has been instrumental in advising global clients on the developing field of AI. Clients seek her guidance due to her extensive understanding of, and experience with, the ethical use of AI and the developing legal compliance requirements, including data privacy and regulatory provisions, in connection with the design and implementation of innovative AI tools. Her work extends to helping clients identify and mitigate the potential risks associated with AI technologies.

Marian counsels clients across a range of industries, including technology, finance, consumer goods and services, healthcare, insurance, media, and hospitality. She assists in designing and building their privacy programs, advising on compliance with U.S. and foreign privacy and data protection laws, such as the California Consumer Privacy Act (CCPA) and the EU’s General Data Protection Regulation (GDPR). Her work includes drafting internal policies, procedures, and guidelines for legal and non-legal audiences that incorporate privacy best practices and legal requirements in daily operations. One of Marian’s core strengths is her ability to comprehensively assess and improve privacy programs, and ensure they remain compliant with evolving privacy laws and regulations. She also drafts and negotiates contracts to protect clients’ data in key commercial agreements, advises on cross-border data transfer issues, and assists with completing multijurisdictional surveys of privacy obligations.

In addition, Marian uses her privacy, data security, and AI implementation skills to provide pro bono counseling services to a variety of non-profit clients.

Marian received her J.D. from University of Pennsylvania Law School in 2004 and her B.S. and M.B.A. from the State University of New York at Buffalo in 1999. Prior to attending law school, she worked as an application specialist for a small software company.