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Calvin Cohen is an associate in the Washington, DC office. Mr. Cohen has experience representing clients in high-stakes investigations and related-litigation matters across a variety of industries. Mr. Cohen also advises clients on a broad range of data privacy and cybersecurity matters, including regulatory inquiries, litigation and internal investigations, transactional matters, and compliance with state, federal, and international privacy laws. Mr. Cohen has also advised clients in the area of government contracts.
While in law school, Mr. Cohen successfully represented an indigent plaintiff before the Sixth Circuit on a matter of first impression concerning computer monitoring software and the federal Wiretap Act.
- Current representation of a client in nationwide class actions that allege claims of consumer fraud and personal injury arising from the use of an over-the-counter drug.
- Successful representation of a client in privacy-related lawsuit arising under the Fair Credit Reporting Act (FCRA).
- Advises multiple clients in responding to data and cybersecurity incidents, including subsequent internal investigations, state and federal notification obligations, and associated regulatory and litigation risks.
- Advises clients in connection with transactional matters, focusing on regulatory and compliance issues involving data privacy, information security, and cybersecurity.
- Assists clients in drafting privacy policies and terms of use for their websites, mobile applications, and other services and offerings.
- Provides ongoing privacy and cybersecurity counsel to a number of companies, particularly with regard to their obligations under the California Consumer Privacy Act (CCPA), the General Data Protection Regulation (GDPR), and the Privacy Shield.
Pro Bono
- Completed a six-month pro bono rotation with the Neighborhood Legal Services Program, successfully representing low-income individuals in DC Superior Court in matters involving child custody, divorce, child support, and domestic violence.
- Current representation of taxpayers in Baltimore County, MD, in dispute regarding the mismanagement of the local animal shelter.
- Current representation of a community services organization in a civil matter in DC Superior Court.
- Successful representation of a criminal defendant charged with armed carjacking and armed robbery in a four-day jury trial in Montgomery County, MD, culminating in a verdict of five acquittals and a mistrial on one count.
- Representation of an individual to appeal the Virginia Department of Transportation’s denial of his permit application to display gun violence protest signs.
- Drafted amicus brief on behalf of multiple civil liberties organizations to support plaintiffs in dispute over border searches of electronic devices.
Democrats Introduce COVID-19 Privacy Bill That Differs in Key Respects From Republicans’ Proposal
May 21, 2020, Inside Privacy
House and Senate Democrats recently unveiled proposed legislation—tentatively titled the “Public Health Emergency Privacy Act”—that would regulate the collection and use of health and location information in connection with efforts to track and limit the spread of COVID-19. Below we describe the proposed Public Health Emergency Privacy Act and how it differs ...
January-February 2019, The Journal of Robotics, Artificial Intelligence & Law
January 21, 2019, Inside Privacy
The Governor of Massachusetts recently signed House Bill No. 4806 into law, which will amend certain provisions of the state’s data breach notification law. In addition to changing the information that must be included in notifications to regulators and individuals, the amendments will also require entities to provide eighteen months of free credit monitoring ...
December 21, 2018, Inside Privacy
Earlier this week, the European Commission (“Commission”) published its Report on the second annual review of the EU-U.S. Privacy Shield (“Privacy Shield”) (the Report is accompanied by a Staff Working Document). The Report concludes that the Privacy Shield “continues to ensure an adequate level of protection” for personal data transferred from the EU to ...
November 12, 2018
WASHINGTON—Covington is advising private equity firm Veritas Capital on healthcare and other regulatory aspects of its recently announced deal to acquire athenahealth for approximately $5.7 billion. athenahealth is a leading provider of network-enabled services for hospital and ambulatory customers nationwide. Rujul Desai and Ian Brekke are leading the Covington ...
July 16, 2018, Inside Government Contracts
In a memorandum issued June 27, 2018, Deputy Secretary of Defense Patrick Shanahan ordered the establishment of the Joint Artificial Intelligence Center (“JAIC”) within DoD. The JAIC will report to DoD Chief Information Officer (“CIO”) Dana Deasey and has the “overarching goal of accelerating the delivery of AI-enabled capabilities, scaling the Department-wide ...
July 11, 2018, Inside Government Contracts
Timothy M. Persons, GAO Chief Scientist Applied Research and Methods, recently provided testimony on artificial intelligence (“AI”) before the House of Representatives’ Subcommittees on Research and Technology and Energy, Committee on Science, Space, and Technology. Specifically, his testimony summarized a prior GAO technological assessment on AI from March ...
June 8, 2018, Inside Privacy
This spring has seen significant legislative activity with regards to state data breach notification laws, ranging from new laws in Alabama and South Dakota to amendments to existing laws in Oregon, Arizona, and elsewhere. Continuing this trend, three states recently passed legislation to amend their existing data breach notification laws. Legislation recently ...
June 1, 2018, Inside Privacy
This past week, Mary Meeker presented her annual Internet Trends report for 2018 at the Code Conference. A copy of the slide deck is available here. The report is widely respected by industry experts, and this year’s presentation included a number of insights that industry stakeholders will find relevant regarding data privacy and technology more...… Continue ...
April 24, 2018, Inside Government Contracts
On April 17, 2018, Department of Homeland Security (DHS) Secretary Kirstjen Nielsen delivered a keynote address at the RSA Conference. A copy of her prepared remarks is available here. Secretary Nielsen’s remarks highlighted efforts by DHS to address the evolving cybersecurity threats to our country’s critical infrastructure. Secretary Nielsen set the stage by ...
April 3, 2018, Inside Privacy
[This article was originally published in Law360] Last week, South Dakota became the 49th U.S. state to enact a data breach notification law with the passage of S.B. 62, which sets forth requirements for notifying state residents, the state attorney general, and major consumer reporting agencies in the event of a breach. The law, which...… Continue Reading
March 9, 2018, Inside Government Contracts
Earlier this week, both chambers on Capitol Hill took steps that would increase the Department of Homeland Security’s (DHS) role in the area of cybersecurity. On the Senate side, the Senate Homeland Security and Governmental Affairs Committee approved a DHS reauthorization bill that included amendments to rename and reorganize the DHS National Protection and ...
FTC Grants Sears’ Petition to Reopen and Modify Consent Order Based on Changed Conditions of Fact
March 2, 2018, Inside Privacy
This week, the Federal Trade Commission (“FTC”) granted Sears Holdings Management’s (“Sears”) petition to reopen and modify a 2009 consent order regarding the tracking of personal information on Sears’ software apps. We analyzed Sears’ petition last fall, which sought to modify the definition of “tracking application,” which triggered heightened notice and ...
January 30, 2018, Inside Privacy
Last week, President Trump nominated four new commissioners to the Federal Trade Commission (“FTC”): Joseph J. Simons, an antitrust attorney, as Chairman; Noah Joshua Phillips, chief counsel for Senate Majority Whip John Cornyn (R-Texas), for the second Republican seat; Christine Wilson, an executive for Delta Air Lines, for the third Republican seat; and Rohit ...
January 12, 2018, Inside Privacy
On January 9, the House of Representatives passed the Cyber Vulnerability Disclosure Reporting Act by voice vote. The Act directs the Secretary of the U.S. Department of Homeland Security (“DHS”) to prepare a report describing the policies and procedures that DHS developed to coordinate the cyber vulnerability disclosures. Under the Homeland Security Act of ...
December 18, 2017, Inside Privacy
On December 12, 2017, the Federal Trade Commission (“FTC”) hosted a workshop examining “informational injury,” defined by Acting Chairman Maureen Ohlhausen in her opening remarks as the harm consumers suffer due to privacy and data security breaches. Chairman Ohlhausen emphasized three main purposes for the workshop: First, to better identify qualitatively ...
December 2017, Pratt's Government Contracting Law Report
September 26, 2017, Inside Government Contracts
On September 21, 2017, the Director of the Defense Pricing/Defense Procurement and Acquisition Policy (DPAP) issued guidance to Department of Defense (DoD) acquisition personnel in anticipation of the December 31, 2017 date for contractors to implement the security controls of NIST Special Publication (SP) 800-171. The guidance outlines (i) ways in which a ...
Practices
Education
Vanderbilt University Law School, J.D., 2016
- Vanderbilt Law Review, Managing Editor
- 2016 Richard A. Nagareda Award
- Best Oralist, Bass Berry & Sims Intramural Moot Court Competition
- Appellate Litigation Clinic
University of California, Berkeley, B.A., 2010
- With Distinction
- Commencement Speaker