Nicola Menaldo defends and provides counsel to technology and retail clients on a wide range of issues central to their business needs, including privacy and data security, marketing, biometrics, scraping and web crawling, artificial intelligence (AI) and machine learning. Nicola both defends clients in class action litigation and provides product counseling and compliance advice to help avoid litigation outcomes. Statutes and regulations that regularly arise in Nicola’s practice include:
Biometrics laws and regulations, including the Illinois Biometric Privacy Act (BIPA), Texas’s Capture of Use of Biometric Identifier Act, and Washington’s Biometric Identifiers Act
• California Consumer Privacy Act (CCPA)
• CAN-SPAM Act
• Communications Decency Act (CDA)
• Song-Beverly Act, and other state merchant point-of-sale laws
• Electronic Communications Privacy Act (ECPA) and the Stored Communications Act (SCA)
• Telephone Consumer Protection Act (TCPA)
Nicola also regularly represents parties and amici in appellate matters addressing First Amendment, Fourth Amendment and privacy-related issues. Her pro bono practices consist of amicus briefing, including before the U.S. Supreme Court and the representation of individuals in immigration proceedings.
Commercial applications for biometric data have become increasingly cost effective and prevalent in recent years. Companies now commonly use eye scans, finger scans, or facial recognition technology to prevent fraud or facilitate secure transactions,...