We advise clients in a wide range of industries on data security and privacy issues that arise in transactional, regulatory, litigation-related and other advisory contexts. While our team includes skilled litigators who repeatedly win judgments in favor of our clients, we also recognize that sometimes avoiding litigation can be the most desirable outcome for a particular client in light of the client’s particular interests and circumstances.

In a cost effective manner, we will analyze a client’s current practices and procedures to determine whether the client is engaging in the best practices to protect its privacy and the privacy of its clients or customers. Although many commentators are saying that privacy is dead, regulators and the public feel otherwise. No company wants to deal with a humiliating social media attack after a privacy lapse.

We engage with clients in proactive planning to reduce the risk and consequences of security breaches, and we have extensive experience in helping clients investigate and address security breaches when they do occur. Many jurisdictions have or are planning on adding legislation that requires notification of residents or consumers of any breach of data. We would rather prevent the breach in the first place, than counsel the post-event response, ideally avoiding both instances.

We counsel clients on planning and use of insurance for the data protection space. Specifically, our firm’s experience in guiding companies large and small through the process of obtaining coverage for online perils is unparalleled. So too is the track record of our Insurance Recovery and Advisory practice, an integral element of the Privacy, Data Security and Information Use group, in winning battles with insurers over cyber coverage. 

Websites and mobile apps should use effective terms of use and privacy policy statements that address the business’ consumer base and privacy practices. These policies must comply, or the business may be liable for significant statutory penalties and attorneys’ fees.