Brett R. Weinstein

Brett focuses on advising tech companies and other businesses on complex privacy, data security and consumer protection matters, including investigations by the US Federal Trade Commission (FTC) and state attorneys general. He has extensive experience defending clients in inquiries related to alleged unfair or deceptive acts or practices under Section 5 of the FTC Act and its state equivalents and inquiries related to the Children’s Online Privacy Protection Act (COPPA).

Brett also advises on advertising practices and endorsements, automatic subscription renewal laws, and the Restore Online Shoppers’ Confidence Act (ROSCA), among other issues. He conducts internal investigations, oversees complex eDiscovery, and prepares executives and employees for depositions.

Brett helps companies proactively build and maintain comprehensive privacy and security programs, preparing them for independent assessments of their practices. He counsels clients on compliance with an array of federal laws, including the Gramm-Leach-Bliley Act (GLBA), Telephone Consumer Protection Act (TCPA), Fair Credit Reporting Act (FCRA), and Family Educational Rights and Privacy Act (FERPA). He also helps companies navigate the evolving landscape of state privacy laws, including comprehensive privacy statutes like the California Consumer Privacy Act (CCPA) and regulations concerning artificial intelligence (AI) and biometrics.

Brett’s practice includes drafting tailored privacy policies, negotiating data protection addendums, and guiding clients through responses to data breaches and security incidents. He also provides strategic advice on anticipated legal developments, such as forthcoming state privacy laws and potential rules governing areas like AI and online child safety.

Before joining Cooley, Brett worked at a major law firm in Washington, DC. In a fellowship at another law firm, his work included assisting with law enforcement requests for information, supporting litigation concerning encryption and the Video Privacy Protection Act (VPPA), and addressing issues in fantasy sports, gaming law, and other internet and data privacy matters.