Myriah V. Jaworski

Experience

• Obtained dismissal of multi-district data breach class action on Article III standing grounds.
• Resolution of identity misappropriation and biometric claims (IRPA/BIPA).
• Defense of cyber-subrogation claims and business interruption claims arising out of data incidents.
• Defended businesses in claims of pixel tracking and surveillance, privacy torts and novel claims relating to cyber-bullying and platform immunity under Section 230 of the Communications Decency Act.
• Represented app developer in defense of first-of-its-kind cyberbullying and privacy class action arising from alleged online harassment and failure to enforce moderation standards.
• Defended data broker in identity misappropriation (IRPA) claims relating to client’s website presentation of publicly available information.
• Work with clients to defend biometric privacy act (BIPA) claims arising from fingerprint and retina scans for timekeeping, access controls and other purposes.
• Represented clients in defense of data hostage, Computer Abuse and Fraud Act (CAFA) and cyberstalking claims.
• Defended clients in putative class actions for claims arising out of unwanted communications, including those brought under the TCPA, DNC and state telemarketing laws; obtained dismissal of TCPA class action on motion to dismiss.
• Defended clients in putative class actions for claims arising out of website and mobile apps alleging failure to adhere to ADA website accessibility standards.
• *Experience completed prior to joining Clark Hill PLC.

Articles & Alerts

• “Co-author, “How Tech Trackers May Implicate HIPAA After Hospital Ruling,” Law360 (July 16, 2024)
• Quoted in Secure World, “Chevron Doctrine Reversal: What’s it mean for Cybersecurity Regulation?” (July 10, 2024 )
• Co-author, “HHS Bulletin on Online Tracking Technologies Declared Unlawful: What Covered Entities and Business Associates Need to Know About the AHA Lawsuit” (June 25, 2024)
• Co-author, “From Song Beverly to CIPA: Wave of Privacy Litigation in California Targets IP Addresses” (June 20, 2024)
• Quoted, “New York Takes ‘Gingerly’ Approach Regulating Insurers’ AI Risks,” Bloomberg Law (January 26, 2024)
• Quoted, “Microsoft to Add Dedicated AI Copilot Button on Windows PCs,” SecureWorld (January 8, 2024)
• Quoted, “EU act will set boundaries on AI — with room for innovation,” Vogue Business (December 13, 2023)
• Quoted, “‘Dirt Is Turning to Quicksand’: Following a Wave of Privacy Class Actions, Defense Bar Warns Compliance Is Key,” com (October 27, 2023)
• Co-author, “Out of the shadows: Shining a light on AI use within your organization,” Legal Dive (October 20, 2023)
• Author, “U.S. Copyright Office Ponders Copyright Protection for AI-Generated Works Following D.C. Circuit’s Thaler Decision” (September 13, 2023)
• Co-author, “Automakers Must Prep For California’s Car Data Privacy Probe,” Law360 (August 29, 2023)
• Quoted, “EEOC Settles First AI-Bias Case, but Many More Are Likely,” Corporate Counsel (August 11, 2023)
• Co-author, “Clark Hill 2023 Automotive & Manufacturing Industry Outlook: California Privacy Protection Agency to Investigate Automakers’ Data Practices,” (August 1, 2023)
• Quoted, “Will Giving Federal Jury BIPA Reins Mean Larger Damages, More Litigation?,” LegalTech News (July 13, 2023)
• Co-author, “Enforcement of California Privacy Regulations Stayed Until 2024” (July 3, 2023)
• Quoted, “ChatGPT Tempts Big Law Despite AI Accuracy, Privacy Worries (2),” Bloomberg Law (June 1, 2023)
• Co-author, “What the Irish DPC Meta Decision Means for International Data Transfers,” (May 24, 2023)
• Co-author, “New Privacy Law Alert: Washington’s My Health My Data Act” (April 20, 2023)
• Co-author, “Your Employees Are Using ChatGPT and Other LLMs: Risks and Legal Implications of ChatGPT in the Workplace” (April 14, 2023)
• Co-author, “Automated Bias: What Employers Need to Know Before Deployment of AI/ML Technologies,” Corporate Counsel (April 3, 2023)
• Co-author, “The Three C’s To Consider Before Deploying AI Technologies: Contracts, Compliance and Culture” (April 6, 2023)
• Quoted, “SCOTUS Shines Light on Liability Questions Around AI-Powered Search Engines,” Corporate Counsel (March 9, 2023)
• Quoted, “Big media is gearing up for battle with Google and Microsoft over AI chatbots using their articles for training: ‘We are actively considering our options’,” Business Insider (March 3, 2023)
• Quoted, “California ‘setting the tone’ for privacy push with CPRA updates,” Compliance Week (March 1, 2023)
• Quoted, “White Castle Settlement Is a ‘Seminal Moment’ for BIPA to Be Amended,” LegalTech News (February 27, 2023)
• Quoted, “Best practices for navigating changing U.S. data privacy landscape,” Compliance Week (February 27, 2023)
• Quoted, “Second SCOTUS Section 230 Hearing Is Less About Tech, More About Liability,” National Law Journal (February 22, 2023)
• Quoted, “Experts See Limited or No Action on Section 230 in Wake of First High Court Argument,” National Law Journal (February 21, 2023)
• Co-author, “Each Scan an Accrual: Long-awaited Illinois Supreme Court Decision Renders Risk of BIPA Claims Catastrophic” (February 20, 2023)
• Co-author, “The Three C’s to Consider Before Deploying AI Technologies: Contracts, Compliance, and Culture” (January 31, 2023)
• Co-author, “Office of Civil Rights Issues Guidance on the Use of Third-Party Tracking Technologies by HIPAA-Regulated Entities” (December 20, 2022)
• Co-author, “End of Year Website Audit Recommended to Ensure CPRA Compliance” (December 6, 2022)
• Co-author, “California, Colorado, Connecticut, Utah, Virginia, Oh My: An Enterprise Wide Data Privacy Solution to the State Privacy Law Problem” (October 25, 2022)
• Co-author, “First of Its Kind BIPA Trial Ends in Blockbuster Judgment” (October 19, 2022)
• Co-author, “US Moves to Finalize “Privacy Shield 2.0” for EU-US Data Transfers” (October 17, 2022)
• Author, “Uber CSO Found Guilty: The Sky Is Not Falling… Yet,” SecureWorld (October 6, 2022)
• Quoted, “Increased DSARs? More Discoverable Evidence? Risks Abound When CPRA HR Exemption Expires,” com (March 21, 2022)
• Quoted, “There’s a ‘Wild Disparity’ in How Companies Interpret CCPA Cloud Law’s Effectiveness,” com (August 19, 2021)
• Quoted, “NYC’s New Biometric Privacy Law ‘An Indication of What Is to Come,” com (July 13, 2021)
• Author, “A Compelling Outcome: Using Arbitration Agreements to Limit Liability in Data Privacy Class Actions,” Journal on Emerging Issues in Litigation (March 2021)
• Author, “New York’s Biometric Law Wouldn’t Break The Mold—Just Expand It,” Law360 (January 21, 2021)
• Quoted, “Legal Tech AI Can’t Outsmart Copyright—But Might Not Need To,” com (November 4, 2020)
• Quoted, “Despite Patchwork Regulatory Landscape, Companies Aren’t Backing Away From Biometric Identifiers,” com (September 17, 2020)
• Author, “2 Decisions Reveal New Tool For TCPA Defense Litigators,” Law360 (December 9, 2020)
• Quoted, “Do Employers Need—Or Just Want—Extended CCPA Exemptions?,” com (September 9, 2020)
• Quoted, “Privacy Shield Replacement Likely, But Not Long for This World,” com (August 18, 2020)
• Author, “Recent Decisions Helpfully Narrow TCPA,” Law360 (July 31, 2020)

Presentations

• Presenter, “Confronting Demographic Data Challenges in New AI Fairness Requirements,” Armilla Webinar (June 25, 2024)
• Panelist, “How Privacy Enhancing Tools Enhance Data Governance and Accountability,” PETs Tech Summit New York (May 7, 2024)
• Co-presenter, “Webinar: A Cookieless Future and Promise of PETs: A Primer on Privacy Enhancing Technologies” (March 7, 2024)
• Panelist, “Privacy Litigation and the Courts,” California Lawyers Association Privacy Summit (February 8, 2024)
• Co-presenter, “Privacy Litigation & Mass Arbitration Demands: How to Mitigate Risks for your Business in 2024,” (January 30, 2024)
• Panelist, “Ask a Lawyer! Law, Cyber, and Privacy Concerns for 2024,” SecureWorld (December 14, 2023)
• Co-presenter, “What the Biden Executive Order on AI Means for Data Privacy” (November 16, 2023)
• Co-presenter, “Mitigating AI Risks: New Solutions to Address AI/ML Liability,“ SecureWorld Midwest Virtual Conference (November 15, 2023)
• Co-presenter, “Emerging Litigation Trends in AI/ML that Every Life Insurer Should Know,” The Association of Life Insurance Counsel (October 7, 2023)
• Co-presenter, “Insurance Considerations for Deploying AI/ML Tools and Technologies” (July 12, 2023)
• Guest Speaker, “Pixel Litigation Tests Old Privacy Law featuring Myriah Jaworski,” Emerging Litigation Podcast, Law Street Media (June 14, 2023)
• Co-presenter, “Strategies for Data Privacy Compliance in 2023: New State Privacy Laws: What You Need to Know,” 2023 Clark Hill Cybersecurity & Data Privacy Summit (April 25, 2023)
• Co-presenter, “Compliance Strategies for AI/ML Technologies & Automated Tools: What In-House Professionals Need to Know” (March 7, 2023)
• Co-presenter, “EU Data Protection Updates: Strategies for Compliance in 2023” (January 26, 2023)
• Co-presenter, “Navigating the AI Legal Landscape,” Mondaq Conferences (January 18, 2023)
• Panelist, “How to Accelerate Time to Value and Reduce the Complexity of DLP Deployments,” SecureWorld (November 16, 2022)
• Presenter, “Emerging Regimes in Artificial Intelligence Regulation,” SecureWorld New York (October 2022)
• Presenter, “Data Privacy Enforcement: California & Beyond,” NetDiligence® Cyber Risk Summit (October 2021)
• Presenter, “The Changing Cybersecurity Threat Landscape: Understanding the Legal Perspective,” National Association of Surety Bond Producers 2021 Fall West Meeting (October 2021)
• Panelist, “The New York Privacy Act: What to Expect,” City & State NYN Media (October 2021)
• Moderator, “Incident Response,” San Diego County Bar Association (May 2021)
• Co-presenter, “The Changing Legal Enforcement in Cyber and Privacy,” SecureWorld Denver-Kansas City Virtual Conference (November 12, 2020)
• Co-presenter, “The Changing Legal Enforcement in Cyber and Privacy,” SecureWorld Texas Virtual Conference (October 22, 2020)