Calvin Cohen
Calvin is an experienced litigator who maintains a national regulatory enforcement and privacy practice.
Calvin Cohen represents companies in governmental investigations regarding consumer privacy, data security, biometrics, artificial intelligence (AI) and machine learning (ML), financial privacy, children's and teen's data, health information, and online advertising practices. He also assists with incident response and data breach notifications to regulators. He has represented multiple technology clients before the Federal Trade Commission (FTC), the California, Massachusetts, and New York attorneys general, and the Select Committee to Investigate the January 6th Attack on the U.S. Capitol. Calvin also counsels on compliance with governmental orders, including supporting clients throughout mandated external auditor assessments and replying to follow-on regulator requests.
As counsel in privacy disputes, Calvin has defended social media providers, technology companies, and national businesses in litigation and class action lawsuits. These include matters involving terms of use, the arbitrability of claims, contractual issues, consumer protection, common law privacy claims, products liability claims, the Illinois Biometric Information Privacy Act (BIPA), the Telephone Consumer Protection Act (TCPA), and unlawful content moderation claims. He also defends clients under the First Amendment and Section 230 of the Communications Decency Act (CDA). Calvin represents service providers in responding to requests for online user data under the Electronic Communications Privacy Act (ECPA), the Stored Communications Act (SCA), and state equivalents.
Calvin advises clients on privacy and data compliance under the above-enumerated laws and regulations, along with the California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), and the General Data Protection Regulation (GDPR). He counsels clients on genetic privacy compliance under the Illinois Genetic Information Privacy Act (GIPA). Calvin also regularly provides product counseling to technology companies.
In his active pro bono practice, Calvin represents individuals seeking asylum, and serves as guardian ad litem (GAL) in Illinois' Cook County Circuit Court. He also represents an Indiana municipality suing multiple gun manufacturers for nuisance. While at his prior firm, Calvin was seconded with Neighborhood Legal Services Program (NLSP), where he handled family law matters and routinely appeared in the Superior Court of the District of Columbia.
Education & Credentials
Education
- Vanderbilt University Law School, J.D., 2016
- University of California, Berkeley, B.A., History, cum laude, 2010
Bar and Court Admissions
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Illinois
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California
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District of Columbia
- U.S. District Court for the Central District of Illinois
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Southern District of Illinois
- U.S. District Court for the District of Columbia
- U.S. District Court for the Northern District of California
Related Employment
- Covington & Burling LLP, Washington, D.C., Associate, 2017-2020; Summer Associate, 2015
- U.S. District Court for the Central District of California, Judicial Extern for the Hon. James V. Selna, 2014
- Covington & Burling LLP, Washington, D.C., Associate, 2017-2020; Summer Associate, 2015
- U.S. District Court for the Central District of California, Judicial Extern for the Hon. James V. Selna, 2014
Clerkships
- Hon. Theresa L. Springmann, U.S. District Court for the Northern District of Indiana
Insights
Professional Experience
Federal Trade Commission (FTC) and State Attorneys General Investigations
Social Media and User Content Service
Represented social media and user content service in investigations by Congress and the New York attorney general’s office regarding content moderation practices and advertising practices related to harmful content, including the use of artificial intelligence (AI) and machine learning (ML) for moderation.
Educational Technology Provider
Represented educational technology provider in Federal Trade Commission (FTC) investigation regarding the use of AI and biometric technology, data security and data retention practices, and Children’s Online Privacy Protection Act (COPPA) compliance. Obtained closure of the investigation without enforcement action.
Social Media and User Content Service
Represented social media and user content service in 6(b) Order by FTC regarding data privacy and online advertising practices.
Video Game Provider
Represented video game provider in third-party subpoena by the New York attorney general’s office regarding COPPA compliance on social media platforms.
Technology Company
Represented leading technology company in responding to inquiry letter from FTC regarding planned migration of acquired business and attendant privacy and data security practices.
Litigation
Rogozinski v. Reddit, Inc.
U.S. District Court for the Northern District of California
Counsel for Reddit in lawsuit seeking reinstatement of a user’s moderation privileges and trademark rights. The complaint alleged federal trademark claims, and breach of contract, breach of the implied covenant of good faith and fair dealing, right of publicity, and California unfair competition law claims.
Fisher v. HP Property, et al.
Circuit Court of Illinois, Cook County
Counsel for defendant Marcon International, Inc. d/b/a KEYper Systems in putative class action alleging violations of the Illinois Biometric Information Privacy Act (BIPA) in connection with the use of finger scan key management system manufactured by KEYper Systems; resolved the case on terms favorable to KEYper Systems.
Powell v. Shiseido Americas Corporation
U.S. District Court for the Central District of Illinois
Counsel for nonparty Perfect Corporation with regard to subpoena issued in putative class action allegation violations of BIPA.
Grabowska v. The Millard Group LLC
Circuit Court of Illinois, Cook County
Counsel for the Millard Group in putative class action alleging violations of BIPA in connection with the use of finger scan time clocks to authenticate employees’ time; resolved the case on terms favorable to the Millard Group.