Privacy.

Our firm routinely guides businesses safely through the complex- and sometimes conflicting- landscape of national and international privacy laws. From counseling to working with regulators when issues arise, we provide privacy solutions for our clients. We take a holistic approach to privacy, ensuring that businesses thoroughly understand and evaluate applicable privacy regulatory rubrics. Only with such understanding can businesses make informed decisions on business operations depending upon various risk factors. Our firm has extensive experience in a wide variety of industry sectors, ensuring that our guidance is pragmatic and appropriate to commercial reasonable standards.

We represent clients in compliance, transactional, and litigation matters associated with the Internet privacy, the Children's Online Privacy Protection Act (COPPA), the Communications Decency Act (CDA), the Computer Fraud and Abuse Act (CFAA), the Computer Abuse and Data Recovery Act (CADRA), issues of workplace privacy, the Controlling the Assault of Non-Solicited Pornography and Mail Act (CAN-SPAM), telephone call monitoring and recording laws, financial privacy issues related to the Gramm-Leach-Bliley Act (GLBA), health care privacy issues related to the Health Insurance Portability and Accountability Act (HIPAA), as well as matters under the Federal Trade Commission Act subject to enforcement actions.

Representative examples of our matters include advising several educational application developers in matters on Children's Online Privacy Protection Act (COPPA) compliance, the drafting of hundreds of privacy policies for client websites and mobile applications in a variety of industry sectors, as well as guiding a number of companies through Global Data Protection Regulation (GDPR) compliance, including the preparation of GDPR policies, procedures, and opinion letters.

We also advise a wide range of companies on issues involving the Computer Fraud and Abuse Act (CFAA), as well as the Computer Abuse and Data Recovery Act (CADRA), in situations ranging from advising on the ability to monitor employee communications, to those involving privacy litigation. Our attorneys have designed and assisted in the implementation of a number of telephone monitoring and recording, as well as video surveillance policies and procedures, for a number of companies in the call center, hospitality, shared ownership, health care, real estates, and financial service sector.

Other representative engagements include advising a privately held company on privacy issues associated with the interplay of privacy protections on CEO health information, with disclosure requirements associated with significant personal health issues of the CEO at issue, advising a prominent not-for-profit in privacy issues associated with internal investigations into potential misconduct associated with personal devices in the workplace setting, and advising a number of companies in a variety of industry sectors regarding issues of workplace waiver of the attorney-client privilege. We have also served as privacy diligence counsel on several major transactions, including two such transactions with over $500 million at issue.

Our firm also provides guidance to a number of companies to ensure marketing and advertising campaigns are compliant with the Controlling the Assault of Non-Solicited Pornography and Mail Act (CAN-SPAM), as well as state and federal laws governing the use and disclosure of consumer information. Our privacy practice further includes the representation of financial services in preparing and implementing policies and notifications compliant with the Gramm-Leach-Bliley Act (GLBA) for financial institutions.

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