Data Privacy

A Matter of Trust

A thorny network of data privacy laws govern the use, disclosure, and safekeeping of personally identifiable information and impact the core of business success and failure with an ever-increasing enforcement focus.  Our attorneys routinely provide legal counsel to clients engaged in activities that may raise data privacy concerns, including collecting data online, managing cardholder data, processing healthcare information, behavioral and targeted advertising, telemarketing, mass email campaigns, clinical research, consumer marketing, or human resources management. We also represent clients that partner with such businesses and need access to such data as part of their partnership, as well as lenders and private equity firms that interface with these companies, including business associates.  Our experienced litigators have a proven track record of swiftly and favorably resolving privacy-related actions for our clients across the nation.

We assist our clients with:

  • assessing business practices and compliance with industry standards and government regulations
  • drafting policies and procedures
  • creating and negotiating data privacy and security language in contracts and permission documents
  • drafting online privacy statements
  • counseling clients regarding online data collection and use practices, on-line privacy statements, social media use, social media policies, and behavioral and targeted advertising
  • preparing online and in-person training modules
  • negotiating data backup and host site agreements to protect data in the event of an emergency
  • assisting with security protocols and audits of security practices
  • responding to security incidents and breaches
  • managing consumer complaints and responding to government inquiries
  • defending lawsuits, including privacy class actions