Data, Privacy & Cybersecurity

As the information-based economy continues to expand, the collection, use and protection from disclosure of consumer and employee data has emerged as a rapidly changing area of legislation and regulation. We are experienced in advising on an array of privacy issues, including privacy policy development, implementation and training, online and telemarketing matters, employee data and privacy rules that apply to specific industries.

Our attorneys have experience developing strategies to manage privacy issues across organizations and responding to incidents of potential exposure of confidential data. We also counsel clients on ensuring vendor compliance with data security standards and practices, as well as compliance reviews.

Areas of Focus

• Draft strategies for managing privacy issues and assist with implementation.
• Advise on compliance with federal statutes that impose safeguards on personal information such as the Health Insurance Portability and Accountability Act (HIPAA), the Children’s Online Privacy Protection Act (COPPA) and the Gramm-Leach-Bliley Act.
• Advise on compliance with emerging state statutes, such as the California Consumer Privacy Act (CCPA), that are imposing unprecedented privacy obligations and restrictions upon companies.
• Provide counsel on adherence with restrictions on email and telephone marketing solicitations related to the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) and the Federal Trade Commission’s National Do Not Call Registry.
• Prepare breach notifications for inappropriate disclosure of individuals’ confidential personal information or other data.
• Develop solutions for businesses that operate globally and face international compliance challenges which are different from those of the U.S.
• Identify information flow barriers associated with the use of personal data and other business risks of legal non-compliance.