Privacy & Cybersecurity

Representative Experience

• Assisting clients in developing, implementing, managing, and monitoring enterprise-wide, global privacy and data security policies, programs and protocols. 
• Counseling on compliance with the full range of state, national and international laws and regulations including the European Union Privacy Directive, HIPAA, FCRA, FACTA, ECPA and others. 
• Advising on the trans-border transfer of sensitive personal data, including data transfers from and to European Union operations in connection with mergers and acquisitions, human resource operations, IT systems and other contexts. 
• Assisting global companies with certification under the Department of Commerce Safe Harbor program. 
• Advising companies that sponsor group health plans, insurers, health care providers and business associates on their respective obligations under HIPAA’s privacy and security requirements. 
• Assisting companies in responding to data breaches. 
• Representing companies in litigation growing out of data security incidents and cybercrimes. 
• Reviewing, developing and advising on the processing of patient and health care data, drafting patient consent forms and non-disclosures for the life science industry. 
• Assisting with designing, implementing and managing marketing and advertising preferences, and compliance with Do-Not-Call, Do-Not-Fax, TCPA, CAN SPAM, COPPA and state laws and regulations. 
• Creating web site, extranet and computer network policies, including privacy policies and terms of use. 
• Counseling companies on maintaining and operating legal compliance programs, including confidential whistleblower mechanisms, in the face of conflicting global privacy laws. 
• Litigating federal and state privacy and internet matters. 
• Consulting on global workplace privacy and employee-monitoring concerns. 
• Providing contract solutions for outsourcing relationships. 
• Counseling on records retention and data destruction plans. 
• Engaging in, responding to and managing electronic discovery. 
• Consulting on e-commerce and internet contest issues. 
• Advising on how to deal with unfair competition and consumer protection concerns. 
• Responding to trademark and copyright infringement, including cybersquatting and counterfeiting. 
• Registering and protecting domain names.