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Cybersecurity, Privacy and Data Protection

Corporate Information Governance and Compliance

We regularly advise companies on issues of cybersecurity, including methods of repelling attempted breaches and insider threats, best practices and incident response plans, cybersecurity training, and managing privacy and cyber risks.

We work directly with boards of directors, board committees and executive teams, as well as in conjunction with technical and audit partners, to advise on cyber-related compliance issues.

We have extensive experience advising financial services firms, banks and insurers on compliance with relevant regulatory obligations concerning the confidentiality of customer and employee data, including Regulation P - Privacy of Consumer Financial Information, the Fair Credit Reporting Act (FCRA) and the Gramm-Leach-Bliley Act.

We conduct due diligence and compliance reviews concerning policies and practices related to data collection, protection and dissemination. 

Litigation, Investigations and Data Breach Response

We have advised major financial institutions in dealing with internal investigations of cybersecurity incidents and responses to data breaches, including advising on compliance with relevant regulatory obligations, notification to state agencies and affected individuals, and analysis of issues involving state and federal criminal statutes, including the Computer Fraud and Abuse Act and other privacy laws.

We regularly advise clients in both offensive and defensive litigation concerning the theft of trade secrets and other core intellectual property.

We have assisted global financial services firms and others in connection with the worldwide collection and processing of electronic data in response to cyber related governmental inquiries, including Consumer Financial Protection Bureau (CFPB) investigations.

We recently represented an international professional services firm in connection with incident response and notification plans following a breach of medical information, and with responses to investigations by the Department of Justice (DOJ) and Department of Transportation (DOT).

We have significant experience in investigating data and trade theft incidents, interfacing with appropriate governmental agencies and assisting clients in the prosecution of perpetrators of such thefts.

Privacy Policies and EU Data Counseling

We have advised numerous clients in the retail, consumer products, technology, hospitality and entertainment industries with the development and implementation of global comprehensive Privacy Policies and Terms of Use in compliance with state, federal and EU laws.

We regularly counsel clients concerning compliance with the EU Privacy Directive and the Safe Harbor privacy framework.

We recently advised a multinational shopping comparison website to ensure compliance with various US, EU and other laws relating to data aggregation, syndication, and collection methods.

We work closely with clients to draft appropriate internal policies concerning data collection, storage and use.

Cyber Transactions and E-Commerce

We represent a broad variety of clients, including computer software vendors, electronic media publishers, and online financial services and consulting companies, with structuring contracts, IT systems agreements, data protection and general intellectual property matters to ensure that all security and privacy-related issues are understood and properly managed.

We regularly advise clients on internet-based services and website policies, including terms of use, licensing agreements, “click through” agreements and other transactional documents, as well as on strategic and commercial transactions involving the development, transfer and licensing of data and other technology assets.

We recently negotiated the acquisitions of several technology-based companies, and structured and  implemented data sharing arrangements, on behalf of premier satellite radio and internet music provider.

We have advised software developers, online music providers, online retailers and social networks on data protection issues relating to the development and offering of online products and services.

SEC Report Highlights Financial Firms’ Cybersecurity Improvements and Shortcomings

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Funds Talk: August 2017

Funds Talk provides legal commentary on the news and events that matter most to alternative asset managers and funds. Learn More