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Myriah V. Jaworski

Member
fax +1 619.557.0460

Focusing her practice on the intersection of law and technology, Myriah Jaworski advises clients on enterprise-wide data privacy and cybersecurity governance, incident response, data breach and class action defense, and related government investigations. Myriah works with clients to implement new technologies, including AI/ML and automated decision-making tools, to mitigate potential privacy risks and ethical biases and protect client IP and trade secrets.

Myriah represents clients in defense of data breach class actions, privacy torts and statutory claims (IRPA/BIPA/VPPA/CIPA), pixel tacking and commercial surveillance matters, internet defamation, technology disputes, and cyber subrogation and media liability claims. Myriah defends clients in response to regulatory inquiries and investigations arising out of data incidents and privacy practices, including before state Attorney General offices, the Federal Trade Commission and the Department of Human and Health Services – Office of Civil Rights (HHS/OCR). Myriah litigates in many state and federal jurisdictions throughout the United States.

As a proactive compliance advisor, Myriah works with clients to operationalize enterprise-wide data privacy and cybersecurity programs, in compliance with state (CCPA/CPRA, VDCPA), federal (HIPAA, GLBA, NIST/ISO) and international (GDPR) laws and regulations. She assists businesses to operationalize data subject requests (DSARs), perform privacy impact assessments of new technologies and high-risk processing activities, and manage third-party vendor relationships.

Myriah also has deep knowledge of the advertising technology ecosystem and related privacy issues, and works with a broad spectrum of clients including consumer products and services, advertising and digital media companies and publishers, to enhance positive consumer decision-making and gain market advantage.  She frequently works with clients to evaluate marketing claims, subscription/neg option offerings, sweepstakes and contests, and other consumer financial incentives under state and federal laws (ROSCA, FTC orders).  Her clients include major E-commerce retailers, international news media companies, global manufacturers and retailers, healthcare organizations, and financial entities.

Myriah is a Certified Information Privacy Professional, United States (CIPP/US) and a Certified Information Privacy Professional, Europe (CIPP/E) as certified by the International Association of Privacy Professionals (IAPP). She was also a Trial Attorney with the United States Department of Justice (DOJ).

Education

J.D./M.S., magna cum laude, Syracuse University College of Law, Syracuse, New York, 2009
B.A., cum laude, The George Washington University, Washington, Washington DC, 2006

Recognitions

Named among Rising Stars – Data Privacy and Cybersecurity by Law360 (2022)

Named among Super Lawyers, Civil Litigation by New York Metro (2021)

Named among Rising Stars by Upstate New York Super Lawyers® (2019-2020)

Memberships

American Bar Association

New York State Bar Association

California State Bar Association

San Diego County Bar Association Privacy and Cybersecurity Law Executive Committee, Chair

National Association of Surety Bond Producers Attorney Advisory Council, Advisor

Information Systems Security Association (ISSA), Member

International Association of Privacy Professionals (IAPP), Member

State Bar Licenses

California, New York

Court Admissions

U.S. District Ct., W.D. of New York
U.S. District Ct., E.D. of New York
U.S. District Ct., N.D. of New York
U.S. District Ct., S.D. of New York
U.S. Court of Appeals, 2nd Circuit

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.
  • Obtained favorable monetary and injunctive relief in data misappropriation and theft, wire fraud and related commercial litigation matters.
  • 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.
  • Led litigation against banking institution that facilitated fraudulent wire transfers; represented numerous clients who fell victim to fraudulent electronic fund transfers phishing incidents. Helped client recover money and mitigate damages.
  • 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.
  • Led litigation against vendor and managed public relations after client, a large online retailer with international clients, fell victim to malicious code installed on its website resulting in tens of thousands of individuals’ credit card data impacted.
  • Secured an injunction against a tech company to prevent them from holding clients servers and data hostage for non-payment of invoices where the invoices were in dispute.
  • 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.

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