Briana Fasone is an associate in Ropes & Gray’s data, privacy & cybersecurity practice, based in New York. Her work sits at the intersection of artificial intelligence, privacy, and data protection, spanning class action defense, regulatory investigations, and counseling under a rapidly evolving body of federal, state, and international law. She represents technology, financial services, health care, and consumer companies in litigation involving website tracking and data practices, advises on AI deployment under new rules, and conducts diligence on privacy, cybersecurity, and AI issues in transactions.
Briana’s practice is informed by her litigation experience and extensive writing background. Before rejoining the firm in 2025, she clerked for the Honorable William J. Martini of the U.S. District Court for the District of New Jersey. While in law school, she served as a research and teaching assistant to leading antitrust scholar Herbert Hovenkamp. In addition to her law degree, Briana holds a master’s in nonfiction writing from Columbia University; earlier in her career, she reported on a range of issues for national publications.
Experience
- Defends companies across industries in class actions arising from website tracking technologies and data processing practices, including claims under the ECPA, CIPA, VPPA, computer crime statutes, and common law privacy torts.
- Represented a national mental health provider in a dispute alleging that tracking technologies transmitted sensitive information to third parties, handling mediation strategy and dispositive briefing.
- Defended a leading EdTech provider in a putative class action challenging the company’s data processing practices regarding student privacy.
- Guided a client through the federal cyberstalking statute and state analogues in connection with employee misconduct.
- Conducts risk assessments for companies adopting AI platforms, evaluating compliance under existing record-keeping requirements and emerging state laws in California, Colorado, Connecticut, and New York, as well as international regulatory frameworks.
- Advises financial services companies, among them investment advisers and hedge funds, on rapidly evolving cybersecurity and data protection requirements imposed by the SEC, FTC, NYDFS, state AGs, and the California Privacy Protection Agency.
- Performs data privacy, cybersecurity, AI, and litigation diligence for mergers and acquisitions, private equity, and other corporate transactions.
- Senior editor of the firm’s AI newsletter and a frequent author of thought leadership on AI, cybersecurity, and privacy developments.
Briana also maintains an active pro bono practice focused on privacy, technology, and civil rights matters.
- Authored a key section of an amicus brief supporting a petition for certiorari to the U.S. Supreme Court in Payne v. Taslimi, 998 F.3d 648 (4th Cir. 2021), on the constitutional right to privacy in an individual’s HIV status.
- Developed and delivered a cybersecurity and AI training for women small business owners in New York, covering cyber threats, incident response, the NY SHIELD Act, and the safe use of AI tools.
- Supported an NAACP chapter in its suit against the former Governor of Virginia under Virginia’s Freedom of Information Act regarding compliance with the state’s diversity, equity, and inclusion law.
- Overhauled engagement letters, contracts, and privacy documents for a legal advocacy and immigration law institute.