Data, Privacy & Cybersecurity

While the expansion of access to data globally – from customer data and lists, employee files, patient files, financial records, banking information to trade secret information, businesses are subject to increased risk. The lawyers in our data, privacy & cybersecurity practice group are on hand to ensure that our clients are in the best position to implement steps to protect data and minimize exposure to cyber-attacks and breaches, and, if a breach occurs, to ensure response readiness and effectiveness. We also work directly with clients to ensure that they are in compliance with the ever-changing legal requirements and we partner with our clients to develop practical solutions for their data, privacy and cybersecurity needs.

Our experience and capabilities include the following:

• Privacy and cybersecurity audits
• Privacy and cybersecurity compliance policies and procedures, including website terms, conditions and policies
• Data security and data loss prevention
• Data preparedness and incident response planning and execution
• Crisis management
• Employee training
• Employee privacy
• Healthcare privacy
• Trade secret protection
• Corporate M&A transactions, data transfer and/or license arrangements, including due diligence
• Government and regulatory investigations
• GDPR readiness
• HIPAA compliance, audits and audit responses
• CA Consumer Privacy Act (CCPA) compliance
• Litigation

Representative Matters

• Representation of a manufacturer and distributor of a children’s internet-based toy in a data breach matter, whereby personal information of approximately half a million users was compromised.
• Representation of consumer product manufacturer in FTC and Senate investigations involving data breach.
• Representation of technology provider in litigation involving unauthorized use of passwords and data by a competitor.
• Representation of a generic pharmaceutical company in litigation involving misappropriation of trade secrets relating to the use of data in an ANDA.
• Representation of medical service companies with respect to data privacy issues and trade secret protection.
• Representation of technology service providers in data transfer and licensing agreements and arrangements.
• Representation of distribution company, who was the victim of a cyber scam, whereby the client inadvertently sent via wire transfer almost $300,000 to a criminal, and after negotiating with both the sending and receiving banks, the client successfully was refunded all of its money.

Representative Clients

• Universities
• Technology Providers
• Medical Facilities
• Dental Facilities
• Pharmaceutical Companies
• Apparel Companies
• Advertising & Marketing Service Providers
• Manufacturers & Distributors of Consumer Products
• Direct Response Television & Marketing Companies