The complex and sometimes conflicting obligations imposed by the relatively new and quickly evolving laws in workplace privacy and data security can be a significant challenge to employers seeking to comply with their privacy and data security obligations. With advanced background checks, the pervasive use of social media by employees, the increased ability to instantly transfer sensitive personnel information with little process or thought, and most communications taking place electronically, it is more important than ever that businesses seek experienced legal counsel regarding privacy and data protection in a technology-driven workplace.

Our lawyers offer practical advice that balances legal compliance and company objectives with realistic and cost-effective protocols. We pride ourselves on our ability to undertake highly sophisticated legal analysis and advocacy and to provide well-reasoned, intelligible legal advice on even the most novel questions of privacy and information law.

Our privacy and cyber security practice consists of an interdisciplinary team of lawyers working across several practice groups including Corporate and Securities, Intellectual Property, Litigation, Healthcare, Labor & Employment, and Technology. We offer experienced legal guidance on everything from the most basic record retention policy to cybercrime response to internal investigations (including FTC investigations and data breach incidents). We also advise on legislative and policy developments and offer sector-specific counseling in various sectors, including financial services, pharmaceuticals, communications and media, healthcare, information service providers, and Internet companies.

Our objective is always to help our clients maximize technology to their best advantage while minimizing their exposure to litigation and other enforcement actions.

 

 

— Insights

Labor & Employment Dispatch: October 2018

  • Litigation and investigations
  • Data breach and incident response, investigation, and litigation
  • Privacy, internet, computer technology and information law litigation
  • Development of policies to regulate the use of technologies that impact the workplace
  • Advice regarding the lawful use of background checks
  • Preparation of drug and alcohol testing policies and employee assistance agreements that both protect the employer and respect employee privacy rights
  • Negotiation of outsourcing contracts that protect employers should third-party service providers breach employee confidentiality
  • Analysis of cyber liability insurance coverage and related litigation
  • FTC and State Attorney General investigations of data breach, privacy, information security and unfair or deceptive trade practices
  • Computer Fraud and Abuse Act litigation
  • Government data requests
  • Online defamation and freedom of speech litigation
  • Internet marketing, brand protection, and complex domain name disputes
  • Discovery and internal Investigations
  • Office of Civil Rights and Department of Health and Human Services (OCR) investigations

Financial privacy

Gramm-Leach-Bliley Act (GLB), Fair Credit Reporting Act (FCRA), Fair and Accurate Credit Transactions Act (FACTA), Right to Financial Privacy Act (RFPA), US State Laws, EU Member State Laws

Healthcare privacy

Health Insurance Portability and Accountability Act (HIPAA), Electronic Health Records, US State Laws, EU Member State Laws, Health Information Technology for Economic and Clinical Health Act (HITECH)

Communications privacy

Telecommunications Act, Communications Decency Act, Electronic Communications Privacy Act (ECPA), Computer Fraud and Abuse Act (CFAA), Foreign Intelligence Surveillance Act (FISA), U.S. State Laws, EU e-Privacy Directive, EU Member State Laws