Recognized as "one of the nation's foremost thought leaders in the biometric privacy space" by LexisNexis and the author of Biometric Data Privacy Compliance & Best Practices – a full-length treatise that provides a comprehensive compendium of biometric privacy law – Mr. Oberly concentrates his practice on serving as go-to counsel for data-driven companies that utilize biometrics, artificial intelligence (AI), and other emerging technologies in their commercial operations. He also serves as a trusted advisor to companies across all industries on a broad assortment of privacy and security compliance and risk management issues that businesses face in today's highly digital world.
Biometric Privacy
As a national thought leader on biometrics, Mr. Oberly serves as a strategic advisor to technology-focused and data-driven organizations, helping to navigate the increasingly complex biometrics legal and regulatory landscape. He counsels organizations on the full range of compliance obligations applicable today, as well as on associated risk management and liability exposure mitigation strategies.
Mr. Oberly also regularly partners with clients to develop tailored, enterprise-wide biometric privacy compliance programs in connection with all types of biometric data – helping to ensure continued, ongoing compliance with both current and future legal requirements, while at the same time allowing clients to always stay a step ahead of today's ever-expanding web of biometric privacy regulation.
In addition to his counseling and advisory work, Mr. Oberly also possesses deep experience in litigating biometric privacy (and other types of privacy) class action disputes, with particularly considerable experience in litigating bet-the company Illinois Biometric Information Privacy Act (BIPA) class action lawsuits.
Artificial Intelligence
Mr. Oberly also serves as a trusted advisor to companies in the area of AI and machine learning (ML), assisting clients in developing innovative and versatile legal compliance and risk management strategies and programs that enable businesses to remain on the forefront of emergent industries while maximizing the benefits of cutting-edge technology.
As a tech-savvy attorney, clients turn to him for advice and guidance on the full spectrum of AI, ML, and related technologies, as well as on the critical interplay between different laws and regulations that impact specific sectors and technologies. With his intricate understanding of the underlying technologies that power today's next-generation systems and solutions, Mr. Oberly partners with clients to optimize their operations, avoid potential legal and regulatory challenges, and help them build compliant, digitally-focused products, services, and businesses.
Data Privacy & Security
Mr. Oberly routinely counsels and guides clients through the existing and ever-growing patchwork of laws that impact privacy and security around the globe, including but not limited to:
- California Consumer Privacy Act (CCPA)
- Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM)
- EU/UK General Data Protection Regulation (GDPR)
- Fair Credit Reporting Act (FCRA)
- Federal Trade Commission Act (FTC Act)
- Gramm-Leach-Bliley Act (GLBA)
- Health Insurance Portability and Accountability Act of 1996 (HIPAA)
- National Institute of Standards and Technology's (NIST) Artificial Intelligence Risk Management Framework (AI RMF)
- Telephone Consumer Protection Act (TCPA)
- U.S. State Consumer Privacy Laws (CPA, CTDPA, UCPA, and VCDPA)
- U.S. State Data Security Laws
- Self-Regulatory Frameworks (applicable to advertising and payment card processing industries)
Mr. Oberly also assists companies across a diverse set of industries in proactively managing risk through the design, development, and implementation of enterprise-wide privacy and information security compliance programs that provide for full compliance with today's complex web of state and federal laws, self-regulatory rules, and industry best practices. He has helped develop numerous global privacy and security compliance programs tailored to company-specific needs for compliance with the CCPA and other emerging U.S. privacy laws, as well as the GDPR. Mr. Oberly also conducts privacy audits and assessments of clients' compliance procedures and practices to help identify and eliminate potential areas of privacy-related legal risk.