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Cynthia J. Larose

Member / Chair, Privacy & Cybersecurity Practice

[email protected]

+1.617.348.1732

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Cynthia is a highly regarded authority in the privacy and security field and a Certified Information Privacy Professional (CIPP). She handles the full range of data security issues for companies of all sizes, from start-ups to major corporations. Cynthia is masterful at conducting privacy audits; crafting procedures to protect data; advising clients on state, federal, and international laws and regulations on information use and data security; helping organizations respond to breaches; and planning data transfers associated with corporate transactions. She is an in-demand media commentator and speaker on privacy and cybersecurity issues.

Cynthia is Chair of the firm's Privacy & Cybersecurity Practice, a Certified Information Privacy Professional-US (CIPP-US), and a Certified Information Privacy Professional-Europe (CIPP-E).

She represents companies in information, communications, and technology, including e-commerce and other electronic transactions. She counsels clients through all stages of the “corporate lifecycle,” from start-ups through mid- and later-stage financings to IPO, and has broad experience in technology and business law, including online contracting issues, licensing, domain name issues, software development, and complex outsourcing transactions. She is also a key contributor to MintzEdge, an online resource for entrepreneurs that includes useful tools and information for starting and growing a company.

Cynthia has extensive experience in privacy, data security, and information management matters, including state, federal, and international laws and regulations on the use and transfer of information, behavioral advertising, data security breach compliance and incident response, data breach incident response planning, as well as data transfers in the context of mergers and acquisitions and technology transactions.

She conducts privacy audits and risk assessments to determine data and transaction flow and to assess privacy practices, and assists with drafting and implementation of privacy policies and information security policies and procedures and monitoring of privacy “best practices” across all levels of the enterprise.

She is a frequent speaker on privacy issues at conferences and media appearances and presents privacy awareness and compliance training seminars to client companies.

During law school, she was editor-in-chief of the Probate Law Journal.

Education

  • Boston University School of Law (JD)
  • Boston University (MS)
  • University of Massachusetts (BA)

Recognition & Awards

  • National Law Review: Go-To Thought Leadership Award, Cybersecurity (2018)
  • Best Lawyers in America: Privacy and Data Security Law (2018 – 2019)
  • Chambers USA: Noted Practitioner, Nationwide – Privacy & Data Security (2018)
  • Top Author for Cybersecurity and Data Collection & Use, JD Supra’s Readers' Choice Awards (2019)
  • Chambers USA: Nationwide – Privacy & Data Security (2010 – 2016)
  • Chambers Global: Privacy & Data Security (2011 – 2012, 2016 – 2017)
  • National Diversity Council: Top 50 Most Powerful Women in Technology (2016)
  • Woman of Technology 2001 by Women in Technology, Inc.
  • Two Thousand Notable American Women (2001)
  • Women's Business Boston: Top 10 Women Lawyers in Boston (2005)
  • Women’s Business Boston: Top 10 Corporate Lawyers in Boston (2009 – 2010)
  • Named a "Rising Star" by Boston Magazine (2011)
  • Leila Josephine Robinson Award, Boston University Woman's Law Association (2010)
  • Boston Digital Industry News: Best General Lawyer for a High-Tech Firm
  • Massachusetts Super Lawyers: Rising Star – Information Technology/Outsourcing (2005)

Involvement

  • Member, International Association of Privacy Professionals
  • Member, Computer Law Association
  • Member, Federal Communications Bar Association

Recent Insights

News & Press

Viewpoints

Viewpoint

The Phantom Menace: Office Depot Settles with FTC Over Fake Virus Scans

April 12, 2019 | Blog | By Cynthia Larose, Elana Safner

Office Depot and its tech support provider, Support.com, proved to be anything but “supportive” after allegedly providing false malware scan results and conning customers into paying for repairs and technical services that, in many cases, they did not need.
Viewpoint

Massachusetts Data Breach Changes – Coming April 11!

April 10, 2019 | Blog | By Cynthia Larose

Significant changes to the Massachusetts data breach notification law take effect on April 11, 2019.   You can view the amendment here.   If you haven’t looked at your written information security plan, or WISP, in a while, now’s the time to dust it off.  If you still haven’t gotten around to implementing one as required by 201 CMR 17 back in 2010, now’s the time to get going. 
Viewpoint
On June 28, 2018, California passed the California Consumer Privacy Act (CCPA) and then further amended it on September 23, 2018. CCPA breaks new state law privacy ground, and this post addresses some of the confusion surrounding the exemptions for health information.
Viewpoint

CCPA Amendment May Answer Employee Question

March 28, 2019 | Blog | By Cynthia Larose

We’ve now presented two webinars (links will be posted ICYMI) on the scope of the California Consumer Privacy Act, and have been talking with scores of clients about preparation and planning.   One of the most frequently asked questions is whether the CCPA really applies to employee personal data processe by employers for business purposes.   
Viewpoint

Employers Beware: Judge Greenlights Employee’s Privacy Lawsuit Over Dropbox Access

March 28, 2019 | Blog | By Katharine Beattie, Cynthia Larose, Jennifer Budoff

Many employers maintain policies limiting their employees’ expectation of privacy in the workplace, including policies that eliminate any expectation of privacy when using company-issued electronic devices. While employers may think that having such a policy would protect them from invasion of privacy claims under the Fourth Amendment or state law, a recent federal court decision may cause employers to think otherwise. This post examines this decision and provides best practices for avoiding issues with employees’ privacy interests.
Viewpoint

Musical.ly’s COPPA Failure Falls Flat at the FTC; Will Pay Note-Worthy Fine

March 6, 2019 | Blog | By Cynthia Larose, Elana Safner

The Federal Trade Commission (“FTC”) has handed down its largest civil penalty ever for violations of the Children’s Online Privacy Protection Act (“COPPA”). Musical.ly, now known as TikTok after a 2018 merger, agreed to a fine of $5.7 million for its violations. The settlement was significant not only because of its record amount, but also because it includes a specific agreement on how the website will operate going forward.
Viewpoint
Last week, California State Senator Jackson and state Attorney General Becerra introduced a new bill, Senate Bill 561.  If passed, it will greatly expand the consumers’ right to bring private lawsuits for violations of the California Consumer Privacy Act (“CCPA”).  SB 561 will: (1) provide for a private right of action for all CCPA violations—not just those stemming from a data breach; (2) eliminate the 30-day safe-harbor provision that currently allows companies to cure the violation and thereby avoid a private right of action; and (3) prevent companies from seeking specific opinions from the Attorney General and instead allow the AG’s office to provide “general guidance” via publications.
Viewpoint

Insights and News – Telephone Consumer Protection Act (TCPA)

February 27, 2019 | Blog | By Cynthia Larose

This month, Mintz’s TCPA Digest reviews the Federal Communications Commission’s (FCC) adoption of a proposal to extend the Truth in Caller ID rules to calls originating outside the United States, and to expand the scope of covered communications services.  The Digest also covers the FCC’s first-ever report on illegal robocalls, the push for call authentication and call blocking technology, and the renewed push in Congress to pass the Stopping Bad Robocalls Act.
Viewpoint

ICYMI – Overview of California Consumer Privacy Act Webinar

February 22, 2019 | Blog | By Cynthia Larose

We presented our first in a series of webinars digging into the California Consumer Privacy Act.   If you registered, you should have received a link to the recording and the materials.   If you missed it, we’ll help you out.  To access the webinar recording, please click here.   The materials can be downloaded here.  

Our next installment is coming up on March 27th and will address similarities and differences between the EU’s General Data Protection Regulation and the CCPA.
Viewpoint

Federal Trade Commission: No Changes to CAN-SPAM Rules

February 13, 2019 | Blog | By Cynthia Larose

There will be one less new privacy regulation to worry about in 2019. In June of last year, the Federal Trade Commission announced that it would review its rules implementing the CAN-SPAM Act, regulating unsolicited commercial email.   Yesterday, the FTC announced that it had received 92 comments during the review process, and concluded that no changes to its CAN-SPAM Rules were needed at this time. 

News & Press

This story noted news that California’s Governor has signed in law the nation's most far-reaching data privacy bill which will provide the state’s consumers more control of their personal data. Cynthia Larose, Chair of the firm's Privacy & Security Practice and a Certified Information Privacy Professional (CIPP), provides commentary.
Mintz partner and Massachusetts lawyer Julie Korostoff is one of 49 attorneys recognized as “Leaders in Their Fields” by the 2018 Chambers USA: America's Leading Lawyers for Business guide. Chambers named Korostoff a “Recognized Practitioner” in Technology.
Mintz is proud to be recognized by JD Supra in its 2018 Reader’s Choice awards. The annual program highlights the most widely read authors and articles throughout the past year. Five Mintz attorneys were named JD Supra Top Authors in four different industries.
The National Diversity Council has named Cynthia Larose, Chair of the Privacy & Security Practice of Mintz, one of the “Top 50 Most Powerful Women in Technology.” This marks the second consecutive year Ms. Larose has been selected for this honor.
Cynthia Larose is a Member of Mintz's Boston office and Chair of the firm’s Privacy & Security Practice. She was featured in a Marketplace article on cybersecurity regulations going into effect for financial institutions licensed by the state of New York.
Best Lawyers named 85 Mintz attorneys to its 2018 list of The Best Lawyers in America. In addition, Mintz attorneys Matthew J. Gardella and Samuel M. Tony Starr were named “Lawyer of the Year” in their respective practice areas.
Jennifer Rubin and Cynthia Larose are among those interviewed in the second part of this series discussing the legality of employers’ monitoring data systems and employee digital activity, making sure that they comply with consent and other requirements when setting up programs.
Members Jennifer Rubin and Cynthia Larose are among those interviewed in this article discussing the legality of employers’ monitoring data systems and employee digital activity, making sure that they comply with consent and other requirements when setting up programs.
This article focuses on the key takeaways from a cybersecurity panel of industry experts recently held at Boston College. Member Cynthia Larose and Chair of the firm's Privacy & Security Practice moderated the panel.
Mintz Members will be participating in multiple panel discussions at the 2017 Boston Conference on Cyber Security hosted by Boston College and the FBI. The event presents an opportunity for leading minds to come together and fashion a more secure cyberspace.
Cynthia Larose is included in this article discussing challenges and questions raised concerning privacy of data on connected devices. Cynthia, a Member in the firm, is Chair of Mintz’s Privacy and Security Practice.
Member Cynthia Larose and Chair of the firm’s Privacy & Security Practice is quoted in a Law360 article discussing the major data security breaches in 2016.
Firm’s National Healthcare Practice, NY Corporate/M&A and Litigation: General Commercial Among Newest Rankings
Member Cynthia Larose authored this American Staffing Association Magazine column on how businesses will find themselves under scrutiny for data breaches.
The 2015 Chambers USA: America's Leading Lawyers for Business guide names 52 Mintz, Cohn, Ferris, Glovsky and Popeo, P.C.  attorneys as “Leaders in Their Fields.”

Events

Speaker
Panelist
Apr
29
2019

AHAM Annual Member Meeting 2019

Know the Score

The Ritz-Carlton Washington DC

Moderator
Mar
6
2019

The Third Annual Boston Conference on Cyber Security (BCCS 2019)

Boston College, Gasson Hall, Room 100, 140 Commonwealth Avenue Chestnut Hill, MA

Speaker
Feb
4
2019

Cybersecurity Best Practices for Legal Services Providers 2019

Practising Law Institute

PLI New York Center, 1177 Avenue of the Americas, (2nd floor), entrance on 45th Street, New York, New York

Speaker
Nov
13
2018

CTAM End of Year Meeting

HBO Theater, New York, NY

Oct
3
2018

Ascendant Compliance Conference

State of the Data Breach

San Diego, California

Speaker
May
7
2018

2018 Onsolve User Conference

Arizona Biltmore Hotel 2400 E Missouri Avenue Phoenix, AZ

Speaker
Apr
18
2018

Legal Issues in Museum Administration 2018

American Law Institute Continuing Legal Education (ALI CLE)

Revere Hotel Boston Common 200 Stuart Street Boston, MA

Speaker
Mar
19
2018

2018 Cyber Liability Conference

Mohegan Sun Resort & Convention Center 1 Mohegan Sun Blvd Uncasville, CT

Speaker
Mar
15
2018

Higher Education Legal Conference

Boston Bar Association

Sheraton Boston Hotel 39 Dalton Street Boston, MA

Moderator
Mar
7
2018

The Second Annual Boston Conference on Cyber Security (BCCS 2018)

Boston College

Gasson Hall, Room 100 140 Commonwealth Avenue Chestnut Hill, MA

Speaker
Jan
19
2018
Speaker
Jan
17
2018
Speaker
Nov
30
2017
Speaker
Nov
29
2017
Speaker
Nov
28
2017
Speaker
Speaker
Nov
2
2017

Cyber Security & Liability

New Hampshire Bar Association

Concord, NH

Speaker
Oct
25
2017

Staffing World 2017

American Staffing Association

Chicago, IL

Speaker
Oct
10
2017

Ascendant Compliance Conference

Ascendant Compliance Management

Napa, California

Panelist
May
24
2017

Privacy & Cybersecurity Conference

Boston Bar Association

Boston, MA

Speaker
May
11
2017

2017 ASA Staffing Law Conference

American Staffing Association

Washington, DC

Moderator
Mar
8
2017
Speaker
Jun
3
2016

Director Bootcamp

NACD New England

Boston, MA

Speaker
May
11
2016

2016 NEDRIX Spring Conference

NorthEast Disaster Recovery Information X-Change

Boston, MA

Speaker
Speaker
Dec
1
2015

Increased Scrutiny by Regulators of Cybersecurity

The New England Broker/Dealer and Investment Adviser Association

Boston, MA

Speaker
May
13
2015

Massachusetts Employment Law Summit

Mintz Levin

Boston, MA

Moderator
Mar
10
2015

Not If, But When: Cyber Security for Companies in an Age of Inevitable Hacks, Attacks & Breaches

National Association of Corporate Directors, New England Chapter

Newton Marriott Hotel, Newton, MA