Bradely Fenniman is an Associate with Mullen Coughlin, practicing in the Firm’s Incident Response service area. As a Breach Coach for organizations who are experiencing, or have already experienced, a data privacy and security incident, Bradley coordinates the response and investigation into the incident so that the organization can recover quickly; comply with numerous state, federal, international and industry-related laws and regulations; and avoid major operational, reputational and financial harm.

After an incident has occurred, Bradley swiftly intervenes to identify the nature and scope of the incident and works closely with third-party forensic investigation firms to confirm that the incident is contained and any further intrusion is halted. He then, working side-by-side with the victim organization and third-party partners, identifies if any sensitive data has been accessed, and then analyses that data to counsel the victim organization on their legal and regulatory obligations stemming from the incident. This includes law enforcement reporting, individual notification and the provision of post-incident services such as public relations/internal communications, credit/identity monitoring and formal/informal regulatory questions and follow-up.

Before joining Mullen Coughlin, Bradley practiced real estate law at a boutique real estate litigation firm based in New York City. There, he gained valuable experience in reviewing and analyzing complex agreements and developing privacy policies and other data privacy-related best practices for his clients. This is experience he uses when counseling victim organizations on their contractual obligations after a real or suspected data privacy and security incident.

As a former law clerk for both the New Jersey Office of the Attorney General and for the Hon. Christopher D. Rafano of the Middlesex (NJ) County Superior Court, Bradley also has significant understanding of U.S. state and federal privacy and consumer protection laws such as the:

• New Jersey Consumer Fraud Act (CFA);
• New Jersey Fair Debt Collection Practice Act (FDCPA);
• Health Insurance Portability and Accountability Act (HIPAA);
• FTC Act; and
• Children’s Online Privacy Protection Act (COPPA).

Bradley is also a member of the International Association of Privacy Professionals (IAPP) and is a U.S. Certified Information Privacy Professional (CIPP/US).

As a J.D. candidate at Rutgers Law School, Bradley was the Managing Technology Editor of the Rutgers Computer and Technology Law Journal and had his note titled “Fair Use and Electronic Dance Music: Will the Availability of Music Altering Applications Cause a Shift in House Courts Assess Copyright Violations” published.

PUBLICATIONS

• “Fair Use and Electronic Dance Music: Will the Availability of Music Altering Applications Cause a Shift in House Courts Assess Copyright Violations,” Rutgers Computer and Technology Law Journal (2019)