Amanda R. Lawrence
Partner
Biography
Amanda Lawrence represents clients in a wide range of litigation, enforcement and regulatory matters. She assists clients in managing cybersecurity, privacy, information security and vendor risks. She counsels clients on compliance with privacy and data security laws and standards, including the Gramm-Leach-Bliley Act (GLBA) and Regulation P, the Safeguards Rule, the Fair Credit Reporting Act (FCRA), the EU General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). She also regularly assists companies with evaluating and addressing potential data security incidents, including drafting consumer and regulator notifications.
In The News
Amanda R. Lawrence extensively quoted in Agenda article, “Lawmakers float new regulator for social media companies”
The Agenda article, “Lawmakers float new regulator for social media companies,” explores a possible increase in regulation for companies operating in the digital space, which was, in part, triggered by the testimony of Twitter’s former head of security, Peiter Zatko, before the Senate Judiciary...
In The NewsLegal 500 2022 recognizes 18 Buckley attorneys in five practice areas
“They treat their clients better than any other law firm I’ve experienced,” is what one respondent said about Buckley LLP to Legal 500, which ranked the firm as a top law firm in five categories and recognized 18 of its attorneys for its 2022 edition.
The publication recognized...
AnnouncementsLegal 500 2021 recognizes 17 Buckley attorneys in six practice areas
“While some firms will provide lengthy and expensive legal analysis, Buckley’s team relies on their depth and breadth of expertise to provide useful guidance from various team members quickly and efficiently,” a respondent told Legal 500, which ranked Buckley LLP as a top law firm and...
AnnouncementsAmanda R. Lawrence and Sasha Leonhardt extensively quoted in Cybersecurity Law Report article, “Familiar and fresh mandates in Virginia’s new privacy law”
Amanda R. Lawrence and Sasha Leonhardt were extensively quoted in the Cybersecurity Law Report article, “Familiar and fresh mandates in Virginia’s new privacy law,” which reported on the recently enacted Virginia Consumer Data Protection Act and how it is similar to and yet differs from the...
In The NewsAmanda R. Lawrence quoted in American Banker article, “Referendum on data privacy coming to California in November”
Amanda R. Lawrence was quoted on June 28, 2020 in an American Banker article, “Referendum on data privacy coming to California in November,” which discussed how the state is giving voters the opportunity to expand the protections of the California Consumer Privacy Act with a new proposal ─ the...
In The NewsLegal 500 2020 recognizes 21 Buckley attorneys in six practice areas
“Buckley attorneys are incredibly responsive while providing top quality legal services,” is how respondents described the firm in the 2020 edition of Legal 500, which ranked Buckley as a top law firm and recognized it in six categories:
- Corporate Investigations and White ...
Amanda R. Lawrence quoted in American Banker article, “State privacy bills try to cut banks a break, but not completely”
Amanda R. Lawrence was quoted on January 24, 2020 in an American Banker article, “State privacy bills try to cut banks a break, but not completely,” which discussed how state legislatures are trying to ease the impact of various data privacy and cybersecurity laws on banks, though the proposals all...
In The NewsAmanda R. Lawrence quoted in American Banker article, “Will Libra force Congress to act on data protection?”
Amanda R. Lawrence was quoted on July 14, 2019 in an American Banker article, “Will Libra force Congress to act on data protection?” which discussed Libra, Facebook's cryptocurrency plan, and how it initiating debates over data security and privacy reform. The article stated, “One of the debates...
In The NewsAmanda R. Lawrence quoted in Law360 article, “Policing cryptocurrency ads: 4 things you should know”
Amanda R. Lawrence was quoted on June 7, 2019 in a Law360 article, “Policing cryptocurrency ads: 4 things you should know,” which discussed what practitioners need to know about cryptocurrency advertising enforcement, including the activity of state regulators in this space. The article noted that...
In The NewsAmanda R. Lawrence quoted in Inside Mortgage Finance article, “Court says owner trustees not liable for RMBS losses”
Amanda R. Lawrence was quoted on May 30, 2019 in an Inside Mortgage Finance article, “Court says owner trustees not liable for RMBS losses,” which discussed a European commercial bank that went into liquidation, and the bank’s lawsuit of a trust company alleging that the company failed to protect...
In The News
Publications
"No end in sight: Biometrics litigation trends" by Elizabeth E. McGinn, Amanda R. Lawrence, Scott T. Sakiyama and Michael Rosenberg (CSLR)
Modern biometrics applications are myriad with more continually being developed. They allow users to unlock devices, make payments, detect theft, track time and much more. These applications are not overlooked by the plaintiffs’ bar. Since 2019, more than 1,000 class action lawsuits have been filed...
Articles"BankThink: Has CFPB gained an upper hand in enforcement cases?" by Amanda R. Lawrence and John B. Williams III (American Banker)
The Consumer Financial Protection Bureau in late February issued a procedural rule with little fanfare or press that nonetheless may mark a significant strategic shift in how the agency pursues enforcement — and give it more latitude in tackling what appears to be an increasingly crowded...
Articles"FTC updates data security expectations for nonbanks" by Elizabeth E. McGinn, Amanda R. Lawrence, Sherry-Maria Safchuk, Lauren Bomberger (Bloomberg Law)
Persistent cyberbreaches are compelling government responses to protect consumer data, particularly consumer financial information. Laws passed in California, Colorado, and Virginia are among the most influential at the state level, but federal regulators are also moving to implement additional...
Articles"Shedding light on dark patterns: What financial institutions need to know" by Elizabeth E. McGinn, Amanda R. Lawrence, and Sherry-Maria Safchuk (Cybersecurity Law Report)
Regulators, legislators and private litigants are increasingly looking at how companies attract and conduct business with consumers in online settings, and particularly whether these companies are designing user experiences to manipulate behavior in a way that can prove harmful to the consumer. The...
Articles"Empire state of privacy: Recent developments in New York’s privacy and cybersecurity laws" by Elizabeth E. McGinn, Amanda R. Lawrence, Sasha Leonhardt, and Magda Gathani (New York Law Journal)
New York over the past few years has steadily raised the bar on privacy and cybersecurity standards for commercial enterprises, and, along with the European Union and California, is increasingly seen as a pacesetter in this fast-developing area of law. Proposed legislation before its General...
Articles"6 key ways the California Privacy Rights Act of 2020 would revise the CCPA" by Amanda R. Lawrence and Sherry-Maria Safchuk (Corporate Compliance Insights)
The California Consumer Privacy Act (CCPA), the state’s landmark privacy regulation, became effective only eight months ago – and yet, the California Privacy Rights Act of 2020 (CPRA), a modified version of the CCPA, has garnered enough support to appear on the November 2020 ballot in California...
Articles"Implementing the CCPA regulations: Are you ready?" by Amanda R. Lawrence, Elizabeth E. McGinn, and Sherry-Maria Safchuk (Cybersecurity Law Report)
The final regulations under the California Consumer Privacy Act, introduced by the California Attorney General last October, became effective on August 14, 2020. The AG has already implemented many of the changes suggested in the public comments, but there are still several open questions that...
Articles"Reopening well: Balancing employee privacy with employee safety" by Elizabeth E. McGinn, Amanda R. Lawrence, and James C. Chou (Corporate Compliance Insights)
Consumer privacy has been a key area of focus over the past several years, but as companies begin return-to-work operations, they discover that employee privacy looms large as well. Well-intentioned companies seeking to keep employees safe risk incurring penalties from a variety of agencies based...
Articles"Confusion surrounding the Privacy Shield rollback" by Amanda R. Lawrence, Elizabeth E. McGinn, and Magda Gathani
The Court of Justice of the European Union (CJEU) last month invalidated the EU-U.S. Privacy Shield, which over 5,000 companies have relied on as a legal mechanism of transferring data from the EU to the United States.
The European Data Protection Board (EDPB) did not provide a grace...
Buckley Commentary & Analysis"Adjusting information security for long-term telework" by Amanda R. Lawrence, Elizabeth E. McGinn, and James C. Chou (Bloomberg Law)
Amid a fast-moving pandemic in the spring of 2020, many companies were forced to adopt remote-work operations almost overnight to maintain critical business functions. This approach initially seemed like a temporary and imperfect solution to maintaining workforce safety while continuing essential...
Articles"What constitutes reasonable security per Calif. privacy law?" by Amanda R. Lawrence and James C. Chou (Law360)
California Consumer Privacy Act compliance has been focused on developing the policies, procedures and infrastructure to support new privacy rights for California residents, which include, among other things, the right to know what personal information companies have on them, the right to delete...
Articles"Privacy and cybersecurity issues in 2020 – What to expect" by Amanda R. Lawrence, Elizabeth E. McGinn, and James C. Chou (Journal of Banking and Finance Law and Practice)
A steady drumbeat of data breaches and growing concern among consumers about how companies are using their personal information will keep regulators, policy-makers and private litigants focused on cybersecurity and privacy in 2020 and beyond. While Congress tentatively explores comprehensive...
Articles"Preparing for private right of action under Calif. privacy law" by Amanda R. Lawrence (Law360)
The California Consumer Privacy Act went into effect at the beginning of this year, and while the California attorney general will not begin enforcing it until July, the private right of action that the CCPA created is available to consumers now. The CCPA expressly provides for a private right of...
Articles"The truth about the California Consumer Privacy Act: Debunking three common misconceptions" by Amanda R. Lawrence, Sherry-Maria Safchuk, and Doris Yuen (Equipment Leasing & Finance Magazine)
The highly-anticipated California Consumer Privacy Act (CCPA) took effect on Jan. 1, 2020, and many businesses are scrambling to understand the applicability of the CCPA’s expansive obligations. The CCPA provides California consumers with the following rights: The right to know and access the...
Articles"State privacy law initiatives to prepare for in 2020" by Amanda R. Lawrence, and Sasha Leonhardt (Law360)
The California Consumer Privacy Act, which went into effect on Jan. 1, gave California residents the broadest rights in the nation to learn what data a business has about them, to request that the business delete that data and to demand that the business not sell their data. The CCPA opened a...
Articles"Managing legal risks to U.S. companies from foreign cyberattacks" by Amanda R. Lawrence, Sasha Leonhardt, and James C. Chou (Cybersecurity Law Report)
Protecting online systems against individual hackers has been a top priority for companies for several years, but as we begin a new decade, a new threat has risen to the forefront: well-funded and sophisticated foreign governments seeking to wage a new kind of warfare on the United States. In...
Articles"Website cookies and privacy—GDPR, CCPA, and evolving standards for online consent" by Amanda R. Lawrence, Sasha Leonhardt, and Magda Gathani (Bloomberg Law)
Virtually all companies with high-traffic websites use cookies to track visitors’ online experience, but global best practices in disclosing the use of cookies—and obtaining visitors’ consent to their use—have proven elusive despite intense scrutiny from privacy advocates. With requirements varying...
Articles"The Edge Act: Another avenue for removal" by Amanda R. Lawrence, Scott T. Sakiyama, and Nancy H. Turner (American Bar Association)
As any first-year law student could tell you, “Any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States . . . where such action is pending.”...
Articles"Proceed with caution: Expanded role for the FTC on the road ahead" by Amanda R. Lawrence (American Bar Association Business Law Today)
Recent changes in agendas and leadership at the federal level are prompting companies offering financial products and services to question what consumer protection enforcement will look like on the road ahead. There has been significant discussion about the increasing role of state regulators,...
Articles"The federal mandatory initial discovery pilot project—18 months in" by Amanda R. Lawrence and Scott T. Sakiyama (American Bar Association)
The Judicial Conference of the United States is considering drastic changes to the Federal Rules of Civil Procedure that could result in significantly accelerated time frames for the commencement of discovery. The Judicial Conference began testing these changes in a pilot program, and the...
Articles"The great data breach standing circuit split" by Amanda R. Lawrence (Law360)
Data breaches are back in the news in a big way. Over the past several weeks alone, prominent hotel chains, online platforms and retailers announced significant data breaches. Unsurprisingly, in the aftermath of these disclosures, consumers filed class actions alleging that the data breaches...
ArticlesC-Suite Review: Expanded role for the FTC on the road ahead?
Recent changes in agendas and leadership at the federal level are prompting companies offering financial products and services to question what consumer protection enforcement will look like on the road ahead. There has been significant discussion about the increasing role of state regulators,...
C-Suite Review"How FTC is stepping up its consumer protection efforts" by Amanda Lawrence (Law360)
Recent changes in agendas and leadership at the federal level are prompting companies offering financial products and services to question what consumer protection enforcement will look like on the road ahead. There has been significant discussion about the increasing role of state regulators,...
Articles"The rise and fall of statistical sampling in RMBS cases" by Amanda Lawrence (Law360)
The 2008 mortgage crisis prompted a wave of residential mortgage-backed securities and repurchase litigation as trustees, certificate holders (i.e. investors), monoline insurers, securitizers and other stakeholders pursued claims related to loans securitized in RMBS trusts. One of the hallmarks of...
ArticlesAmanda Lawrence Authored a Law360 Article, "The Great Class Action Ascertainability Debate"
In recent years, courts have divided sharply over whether or not Rule 23 of the Federal Rules of Civil Procedure creates an implicit requirement that a class must be ascertainable in order to be certified. This article addresses the meaning of ascertainability, the circuit split over whether and to...
ArticlesSpecial Alert: Second Circuit Rules Fraud Claim Based on Contractual Promise Cannot Support FIRREA Violation Without Proof of Fraudulent Intent at Time of Contract Execution
On May 23, in an opinion delivered by Circuit Judge Richard Wesley, the Second Circuit Court of Appeals reversed the District Court for the Southern District of New York’s (SDNY) July 30, 2014 judgment ordering a bank and its lender subsidiary to pay penalties in excess of $1.2 billion for alleged...
ArticlesSpecial Alert: SCOTUS Vacates Ninth Circuit Decision in Case Alleging Procedural FCRA Violations
On May 16, the United States Supreme Court issued an opinion vacating the Ninth Circuit’s 2014 ruling that a plaintiff had standing under Article III of the Constitution to sue an alleged consumer reporting agency as defined by the Fair Credit Reporting Act (FCRA), for alleged procedural violations...
ArticlesSpecial Alert: CFPB Plans to Propose TRID Amendments in July
Director Cordray announced yesterday in a letter to industry trade groups that the CFPB has "begun drafting a Notice of Proposed Rulemaking (NPRM) on the Know Before You Owe Rule.” However, contrary to some reports, the proposal is not imminent. Instead, Director Cordray stated that the Bureau “...
ArticlesRecent Developments in Residential Mortgage Backed Securities Litigation
Fredrick Levin and Amanda Raines Lawrence authored "Recent Developments in Residential Mortgage Backed Securities Litigation," which was published in the Spring 2016 issues of the American Bar Association's Business Lawyer. Originally published on www.americanbar.org. Reposted with permission.
ArticlesWhat Companies Can Expect After Campbell-Ewald
May defendants moot a putative class action by merely offering complete relief to the putative class representative? The U.S. Supreme Court says no, and the decision may have profound implications on class actions for years to come. Some options may remain, however, if more than a mere offer can be...
ArticlesSpecial Alert: CFPB Director Opines on TRID Liability
On December 29, 2015, CFPB Director Richard Cordray issued a letter in response to concerns raised by the Mortgage Bankers Association regarding violations of the CFPB’s new TILA-RESPA Integrated Disclosure (“TRID”) rule, also known as the Know Before You Owe rule. In an effort to address concerns...
ArticlesYear in Review: Auto Finance and the CFPB in 2015
The auto finance industry gained a new regulator in 2015 with the publication of the CFPB’s larger participant rule , which, for the first time, allows the Bureau to supervise larger non-bank auto finance companies. In this new compliance environment, larger participants would be prudent to...
ArticlesCFPB in Focus: Navigating Investigational Hearings
The Consumer Financial Protection Bureau has been actively engaged in investigations of banks and nonbanks since it was established nearly three years ago. To further its mission “to ensure that consumer financial markets actually work for people,” the bureau has stated that it will use “strong and...
ArticlesThe CFPB's Amicus Program - Friend or Foe?
Amanda Raines wrote, "The CFPB's Amicus Program - Friend or Foe?" in the August 6, 2013 issue of BNA's Banking Report . They discuss the Consumer Financial Protection Bureau’s amicus program which advocates for policy within the context of pending litigation, and how the CFPB’s use of amicus briefs...
ArticlesCFPB Investigations in Focus: Navigating CIDs
The Consumer Financial Protection Bureau was established in July 2011, with the mission of making “markets for consumer financial products and services work for Americans.” Over the last two years, it has been actively engaged in carrying out this mission using the arsenal of implements in its...
Articles
Awards and Recognitions
Awards & Recognitions
- Legal 500 2022: Cyber Law (Data Privacy and Data Protection)
- Legal 500 2021: Cyber Law (Data Privacy and Data Protection)
- Legal 500 2020: Cyber Law (Data Privacy and Data Protection)
- Super Lawyers 2020: Civil Litigation: Defense, Business Litigation
- Super Lawyers 2017: Banking, Class Action/Mass Torts, Consumer Law
- Super Lawyers 2016: Banking, Class Action/Mass Torts, Consumer Law
- Super Lawyers 2015: Banking, Class Action/Mass Torts, Consumer Law
- Super Lawyers 2014 Rising Star: Banking, Class Action/Mass Torts, Consumer Law
Practice Areas
- Alternative Finance
- Appellate
- Class Actions
- Colleges & Universities
- Complex Civil Litigation
- Consumer Finance
- Consumer Financial Protection Bureau
- Credit, Debit & Prepaid Cards
- Enforcement Actions & Investigations
- Examinations
- Fair Lending and Fair Servicing
- False Claims Act & FIRREA
- Fintech
- Internal Investigations
- Mortgages
- Privacy, Cyber Risk & Data Security
- Pro Bono
- State Attorneys General
- Securities Enforcement
- Student Lending
- Unfair, Deceptive, or Abusive Acts or Practices
Education
- J.D., Case Western Reserve University, 2003 (magna cum laude, Order of the Coif)
- B.A., Rhodes College, 2000
Admissions
- District of Columbia
- New York
- U.S. Supreme Court
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. District Court, District of Columbia
- U.S. District Court, Eastern District of New York
- U.S. District Court, Southern District of New York
Memberships & Involvements
- Member, International Association of Privacy Professionals