CYBERSECURITY, PRIVACY AND DATA GOVERNANCE

The prospect of enhanced data privacy regulation at the federal level, coupled with extensive media coverage of recent high-profile cyber-attacks and security breaches, have led many organizations in both the public and private sectors to focus increased attention on cybersecurity. The heightened concern is justified: the consequences of failing to appropriately mitigate cyber vulnerabilities can be devastating.

Cybersecurity threats continue to expand and change with increasingly sophisticated attackers (and in some cases, nation states) targeting financial and healthcare systems, industrial control systems and other parts of critical infrastructure. 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 understand the challenges in assessing and identifying cybersecurity risks, and can help clients develop strategies to address them. Our attorneys have long advised clients on legal issues related to privacy protection, the prevention and mitigation of data breaches, and general enterprise security. The members of our Washington, D.C.-based office are especially well-positioned to help organizations understand and influence legislative and regulatory developments in this emerging area.  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.

Blog Posts

The evolving standing doctrine in privacy litigation - Ramirez and beyond

Adrienne Harris nominated as Superintendent of the New York State Department of Financial Services

Claims under CCPA survive motion to dismiss

Connecticut enacts cybersecurity laws aimed at data breaches

Texas amends data breach notification law, creates public listing of data breaches

Colorado enacts consumer privacy law, becoming third state to do so

Lessons from a long-ago deepfakes prosecution

New CCPA regulations announced shortly before new Attorney General named

A wave of new state privacy legislation may be on the horizon

New York Assembly introduces the Biometric Privacy Act

TCLE

California Privacy: CCPA and Beyond

Returning to Work During COVID-19: Employment and Privacy Law Considerations

CMMC and 800-171 in Government Contracting and Higher Education

Election Day Impacts for Cyber and Privacy

Protecting the Ever-Increasing Endpoints in Higher Education

In the Cyber Cross-hairs: Protecting High-Profile Targets

CCPA for Financial Institutions

Using GDPR to Prepare for CCPA, and Vice-Versa

Preparing for the California Consumer Privacy Act: Practical Ways to Mitigate Risk and Develop Litigation Defenses

Colleges Held for Ransom: Responding to a Ransomware Attack

Dealing with Vendors and Data Security

You Don’t Know What You’re Missing: Motivating Performance Through Service Level Agreements

Ethics and Cybersecurity

Prevent the Cloud from Putting Your Health Data at Risk

Publications

How to guarantee bad performance from your vendors

New laws may give fiduciaries power to access digital assets

Summary and implications of proposed 'Counteracting Russian Hostilities Act of 2017'

California Highway Patrol seeks to eliminate identity theft in vehicle purchases with proposed new thumbprint requirement

Associate
St. Louis

Libby assists clients with a wide variety of business litigation matters.

Libby assists clients with a wide variety of business litigation matters.

Elizabeth Casale
Associate
Washington, D.C.

Christine advocates for clients in disputes against the federal government — in fraud investigations, challenging federal regulations, and administrative proceedings — an...

Christine advocates for clients in disputes against the federal government ...

Christine Couvillon
Associate
Washington, D.C.

Mike focuses on transportation and international trade matters and provides guidance to clients in a variety of sectors.

Mike focuses on transportation and international trade matters and provides...

Mike Deutsch
Partner
Chicago

Mike represents management clients in a wide variety of labor and employment matters and related litigation.

Mike represents management clients in a wide variety of labor and employmen...

Michael Duffee
Partner
Chicago

David concentrates his practice in product liability and complex commercial litigation in federal and state courts in Illinois and elsewhere.

David concentrates his practice in product liability and complex commercial...

David Duffy
Associate
Chicago

Ryan represents employers in a variety of employment law matters in state and federal courts, mediation, arbitration and appeals.

Ryan represents employers in a variety of employment law matters in state a...

Ryan Gehbauer
Partner
St. Louis

For more than 30 years, Evan has served as a trusted advisor to hospitals, health care systems, long-term care facilities, health plans, physicians, and other businesses ...

For more than 30 years, Evan has served as a trusted advisor to hospitals, ...

Evan Raskas Goldfarb
Partner
Washington, D.C.

Hospitals, health systems, physicians and other health care clients look to Milada, an attorney and registered nurse, for critical assistance on a range of complex regula...

Hospitals, health systems, physicians and other health care clients look to...

Milada Goturi
Partner
St. Louis

Joy advises health systems, health plans, group purchasing organizations, physician groups, and other health care entities on a wide range of health care legal issues.

Joy advises health systems, health plans, group purchasing organizations, p...

Joy Harris Hennessy
Partner
St. Louis

Chris leads complex litigation and class action defense for a host of major corporations in the financial services and agriculture industries.

Chris leads complex litigation and class action defense for a host of major...

Chris Hohn
Partner
St. Louis

Laura provides high-level strategic human resources counseling to executives and HR managers on the challenging legal questions that crop up during every phase of employm...

Laura provides high-level strategic human resources counseling to executive...

Laura Jordan
Partner
Chicago

Rob is a pragmatic, solution-oriented advisor who guides companies through major transactions as well as provides comprehensive advice on their day-to-day operations and ...

Rob is a pragmatic, solution-oriented advisor who guides companies through ...

Rob Kamensky
Partner
St. Louis

The Chair of Thompson Coburn's Higher Education Practice, Aaron assists institutions to navigate a wide range of complex legal and regulatory matters.

The Chair of Thompson Coburn's Higher Education Practice, Aaron assists ins...

Aaron Lacey
Partner
New York

Steve represents financial institutions, businesses and constituencies in federal and state courts throughout the United States in a wide variety of major commercial disp...

Steve represents financial institutions, businesses and constituencies in f...

Steven Mandelsberg
Partner
St. Louis

Mark represents clients across a broad spectrum of industries, including the energy, telecommunications and financial services sectors.

Mark represents clients across a broad spectrum of industries, including th...

Mark Mattingly
Partner
Washington, D.C.

Meg serves as an advisor and Federal Energy Regulatory Commission (FERC) counsel to municipally-owned utilities around the country.

Meg serves as an advisor and Federal Energy Regulatory Commission (FERC) co...

Meg McNaul
Partner
St. Louis

Mark's practice focuses on facilitating clients' communications, in media, marketing and business.

Mark's practice focuses on facilitating clients' communications, in media, ...

Mark Sableman
Partner
Chicago

Jim serves as a trusted advisor to clients facing complex cybersecurity and privacy issues — particularly those in the country's most highly regulated industries.

Jim serves as a trusted advisor to clients facing complex cybersecurity and...

James Shreve
Partner
Los Angeles

Luke is an experienced commercial litigator who has successfully litigated commercial disputes of all types.

Luke is an experienced commercial litigator who has successfully litigated ...

Luke Sosnicki
Associate
St. Louis

Bradley Thomas is an associate in the Firm's Intellectual Property practice.

Bradley Thomas is an associate in the Firm's Intellectual Property practice...

Bradley Thomas
Partner
St. Louis

Jennifer is a partner in the Firm's Intellectual Property and Media Law practice groups.

Jennifer is a partner in the Firm's Intellectual Property and Media Law pra...

Jennifer Visintine
Counsel
Washington, D.C.

Katie handles a wide variety of regulatory and transactional work for the nonprofit and for-profit higher education sector, including online education programs, and has e...

Katie handles a wide variety of regulatory and transactional work for the n...

Katie Wendel
Chair
St. Louis

Roman serves as Chair of Thompson Coburn.

Roman serves as Chair of Thompson Coburn.

Roman Wuller