Myriah V. Jaworski
A former federal trial attorney, Myriah Jaworski is regularly retained by clients to defend them in nationwide privacy and data breach class action litigation, regulatory investigations, and bet-the-business technology disputes. Myriah has achieved first-of-its-kind results for clients in wire transfer fraud, cyber bullying, and right to publicity matters.
Education
Recognitions
Named one of San Diego’s Top 500 Most Influential Business Leaders by the San Diego Business Journal (2024)
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)
Legal 500 U.S. 2024 for Cyber law, including data privacy and data protection
Memberships
Appointee – California Bar Association Committee on Privacy Law Specialization
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
Court Admissions
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)