Privacy & Data Security

Whether arising out of trade secrets, personal data or other sensitive confidential information, privacy and cybersecurity issues affect every business. And with the proliferation of information technologies and growth of the Internet, they touch every part of an organization, including operations, customer service, finance, marketing/sales, HR and IT.

To ensure that clients obtain the best practical advice on complex issues such as record retention, breach notification, privacy policies, information safeguarding, e-discovery, consumer identification and authentication and other privacy and cybersecurity issues, we have assembled a cross-disciplinary team with both legal and industry expertise. As a result we are able to combine our knowledge in the areas of intellectual property, technology, financial services, healthcare, employment and litigation, with relevant expertise in privacy and data security issues to help clients solve problems and get deals done.

Training Sessions

Our team conducts training sessions on federal and state statutes and regulations.

MORE>>

 

 

SUCCESS

Electronic Payment Systems Breach

Represented a major retailer whose electronic payment systems had been hacked.

MORE>>

REPRESENTATIVE MATTER

Privacy Policy Drafting

Draft privacy policies for financial institutions, retailers, website operators, and a national consumer products manufacturer.

MORE>>

REPRESENTATIVE MATTER

Electronic Signature Programs

Develop customer identification, authentication and electronic signature programs.

MORE>>

SUCCESS

Data Warehousing Arrangements

Structured data warehousing arrangements for a national Internet-based loan marketer/servicer.

MORE>>

Areas of Expertise

Counseling

We regularly help clients navigate the minefield of privacy and data security compliance and risk. We routinely are asked to help design, document and implement privacy policies to comply with relevant requirements of state and federal law, as they relate to customer data, employee privacy, e-commerce and other business operations. We have helped clients in a wide variety of industries, including financial services, retail, and manufacturing. We also regularly help clients deal with risk management as it relates to data security.

We help clients structure contracts with vendors and with customers to help prevent compromise of data and systems and ensure third-party compliance with privacy and data security requirements. We also have expertise in insurance coverage and assist clients with ensuring that appropriate indemnification arrangements are in place to deal with the risks of such compromises.

Incident Response

Despite a company’s best efforts and planning sometimes data breaches do occur. When they do, our legal team stands ready to see our clients through the fallout. Whether the situation involves a rogue employee dealing with a single record, a large scale loss of electronic media while in transit, cross-border unauthorized vendor access, or criminal intrusions by sophisticated hackers, we have helped our clients fend off private class litigation, successfully respond to regulatory investigations without formal enforcement action, pursue indemnification from responsible parties, and determine when public notification is not required.

We have helped clients in a wide variety of industries including retail, hospitality, information management, financial services and public utilities. Our team of seasoned litigators, working in concert with our expert privacy professionals, provide the right combination of talents needed to respond swiftly and effectively when crisis hits.

Training

We welcome the opportunity to design and deliver training programs to our clients regarding privacy and data security. Our professionals regularly speak and publish for various industry audiences on current issues in this area.