Jake Bernstein

Jake provides counsel on cybersecurity and privacy issues. He works with each client to help them understand and manage their cybersecurity risks from a combined legal and technical perspective. By leveraging his Certified Information Systems Security Professional (CISSP) certification*, Jake bridges communication gaps between technical security professionals and an organization’s executive leadership. His comprehensive approach reduces confusion and facilitates a corporate culture of security.

Jake also co-hosts *The Cyber Risk Management Podcast* where he and his co-host, Kip Boyle, discuss cybersecurity and risk management from the perspective of the CISO and legal department. This bi-monthly podcast has over 70 episodes and covers everything from class-action data breach lawsuits to the finer points of implementing the NIST Cybersecurity Framework.

As a former regulator for the Washington State Attorney General, Jake possesses a robust understanding of laws regulating the collection, storage, and use of private consumer data. His experience allows him to offer our clients with valuable insight and practical advice from the perspective of a government attorney. His practice includes advice, counseling, and practical compliance programs for the European Union’s GDPR, state laws like the California Consumer Privacy Act of 2018, and state and federal data breach statutes and regulations.

In addition to representing companies subject to inquiries, investigations, and actions brought by regulatory agencies, such as state attorneys general and the Federal Trade Commission, Jake’s practice often involves advising businesses about advertising, marketing, and regulatory compliance, including TCPA, CAN-SPAM, and other consumer regulations.

Before joining Focal, Jake served eight years as an Assistant Attorney General in the Consumer Protection Division of the Washington State Attorney General’s Office. There, he prosecuted unfair and deceptive business practices, including online advertising, negative-option marketing, spam under state law and the federal CAN-SPAM Act, spyware, and consumer-privacy violations. With a background and degree in science, Jake also pursued companies making deceptive health claims.

Jake’s approach is pragmatic and focused: he helps Focal’s clients maximize effective marketing while mitigating the risk that government regulatory agencies or private plaintiffs will initiate legal action.

When he’s away from the office, Jake loves just hanging out with his family: his wife, two children, and a veritable zoo of family pets all ensure there is never a dull moment. Always one to adopt new hobbies, Jake currently obsesses over the latest in Apple technology, fountain pens, and international stationery products.

*Jake is a CISSP certified through (ISC)². The Washington State Supreme Court does not recognize certification of specialties in the practice of law and this certification is not a requirement to practice law in the state of Washington.