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Libby J. Weingarten
Partner
Data, Privacy, and Cybersecurity
Washington, D.C.

D202-973-8861

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  • A Recognized Leader

    Libby was named a 2022 Rising Star in privacy and cybersecurity by Law360, a 2022 D.C. Rising Star by The National Law Journal, and is recognized among the nation’s top privacy attorneys by Chambers USA.

  • Deep Experience with Regulatory Investigations

    Libby has handled dozens of regulatory investigations brought by the Federal Trade Commission and State AGs, with especially deep experience in matters related to children’s privacy and minor safety.

  • Represents Innovative Companies

    Libby advises companies in a diverse range of emerging industries, including AI, e-gaming, fintech, digital payments, adtech, digital health, NFTs, the metaverse, the Internet of Things, and other new technologies.

Libby Weingarten is a partner in the Washington, D.C., office, of Wilson Sonsini Goodrich & Rosati, where she advises companies on a broad range of U.S. and international privacy, consumer protection, and data security issues. She has extensive experience defending major corporations facing investigations by the FTC and other federal and state regulators. She has defended retailers, software companies, advertising technology companies, mobile app developers, and ed-tech companies against regulatory investigations into privacy and data security practices, and she has assisted them in conducting internal investigations in high-profile data security breaches.

Libby counsels clients on existing privacy laws, including Section 5 of the Federal Trade Commission Act, the Children's Online Privacy Protection Act, the Fair Credit Reporting Act, and the California Consumer Privacy Act, as well as other federal, state and international laws, and self-regulatory codes. She works with clients at every stage to achieve their business goals by implementing practical solutions while managing risk, and she helps them develop policy positions and strategies to respond to new regulations.

Libby maintains an active pro bono practice and has successfully argued before the D.C. Superior Court and U.S. Immigration Court to obtain green cards for undocumented minors.

Experience

Libby Weingarten is a partner in the Washington, D.C., office, of Wilson Sonsini Goodrich & Rosati, where she advises companies on a broad range of U.S. and international privacy, consumer protection, and data security issues. She has extensive experience defending major corporations facing investigations by the FTC and other federal and state regulators. She has defended retailers, software companies, advertising technology companies, mobile app developers, and ed-tech companies against regulatory investigations into privacy and data security practices, and she has assisted them in conducting internal investigations in high-profile data security breaches.

Libby counsels clients on existing privacy laws, including Section 5 of the Federal Trade Commission Act, the Children's Online Privacy Protection Act, the Fair Credit Reporting Act, and the California Consumer Privacy Act, as well as other federal, state and international laws, and self-regulatory codes. She works with clients at every stage to achieve their business goals by implementing practical solutions while managing risk, and she helps them develop policy positions and strategies to respond to new regulations.

Libby maintains an active pro bono practice and has successfully argued before the D.C. Superior Court and U.S. Immigration Court to obtain green cards for undocumented minors.

Focus Areas
Recent Insights
Alerts
Subscription and Auto-Renew Offerings Face New Hurdles: FTC Issues Broad “Click-to-Cancel” Rule Imposing Nationwide Requirements
Companies that automatically renew customers’ subscriptions or memberships, take note. On October 16, 2024, the Federal Trade Commission (FTC) announced sweeping amendments to the Negative Option Rule, which would apply to a host of subscription-based products and services that have an auto-renewal feature (i.e., a negative option offering), including those directed to businesses. The Rule includes specific and prescriptive requirements, such as requirements to 1) obtain consumers’ affirmative consent to an auto renewal feature “separate from any other portion of the transaction,” 2) present all material terms of the transaction “immediately adjacent to” the means of recording consumer consent, and 3) allow for simple cancellation in the same medium the consumer used to consent, noting that a chatbot cancellation method would not be acceptable unless the initial transaction was made through a chatbot. Violations of the Rule would be subject to $51,744 in civil penalties per violation.
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Alerts
Maryland Age-Appropriate Design Code Effective October 1, 2024
On October 1, 2024, the Maryland Age-Appropriate Design Code (Maryland AADC) became effective. The Maryland AADC introduces onerous new compliance requirements on companies that are reasonably likely to be accessed by minors under the age of 18.
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Recent Events
WSGR Events
Fintech Marketing – Navigating the Complex Waters of Federal Regulation
Join Wilson Sonsini partners Amy Caiazza, Jess Cheng, Neel Maitra, and Libby Weingarten for a discussion of how fintech companies can craft innovative marketing campaigns while navigating the complex web of federal regulations. In this program, we will explore the key regulatory frameworks that fintech companies must comply with when marketing their products and services and consider best practices and common pitfalls.
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WSGR Events
Scaling in America: Managing U.S. Operations from the UK/Europe
Wilson Sonsini is pleased to present Session 1 of our "Wilson University – Scaling in America" webinar series. “Scaling in America” is a multi-part webinar series for CFOs, COOs, CEOs, and General Counsels of UK/European technology and life sciences companies tackling the challenges of scaling, raising capital, and exiting in the world’s largest and most competitive economy.
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