Privacy/Data Use and Security

Health care records, employee data, bank records—all of this highly sensitive data is vulnerable to security breaches and misuse. Any breach disclosing this data can result in significant financial penalties as well as in serious damage to a company’s public image and brand. The rules directed to protecting customer or employee data, however, are complex and vary by industry as well as by jurisdiction. To further complicate matters, companies that do business online or outside of the U.S. are governed by still more rules and regulations, and Congress and state legislatures continue to debate additional requirements for data use and security.

We work with our clients regarding the privacy of their data to make sure they’re aware of, and in compliance with, the extensive and changing federal, state and foreign privacy and data use and security requirements. For example, we prepare and revise Internet, user and customer privacy policies; counsel clients regarding industry-specific privacy requirements; and assist clients addressing customer and other privacy complaints or data breaches. We advise clients regarding company policies and procedures for compliance with state data breach and notice laws. We draft terms-of-use agreements and other warnings and contracts to protect and limit the use of data made available to customers and users. We also prepare data licensing agreements and other licenses and contracts relating to data use.

We have advised on and litigated traditional privacy claims such as claims to false light, intrusion, public disclosure of private facts, and the right of publicity. We have also litigated data hacking and misuse cases.