What kind of problems can we help solve?
Here are just a few samples...
Information Privacy Practice
traditional privacy violations
- Intrusion upon seclusion (privacy)
- Public Disclosure of Private Fact
- False Light
- Misappropriation of likeness or image
- Defamation, slander, libel
cyber crimes and invasions of privacy
- Cyber Stalking, Cyber Harassment, Cyber Bullying
- Revenge Porn
- Identity Theft
- Medical Identity Theft
Fourth Amendment violations
- Reasonable expectations of privacy
- Unreasonable or warrantless searches
- Use of advanced surveillance technologies
Consumer Protection & Unfair Trade Practices
- Online and offline marketing and advertising issues
- Telephone Consumer Protection Act (TCPA) violations (commercial text messages, recorded calls, unsolicited faxes, etc)
- Telemarketing
- Do Not Call
- CAN-SPAM Act violations (i.e. "do not email list")
- Other consumer protection issues or alleged unfair trade practices, including claims between competitors challenging their respective consumer disclosures or promotional materials
- Formulation, deployment, and ongoing assessment of consumer disclosures, marketing compliance programs and related contract negotiations
- Proceedings before the Federal Trade Commission (FTC)
- Individual and group investigations by state attorneys general and in the context of proposed legislation
- Address obligations of communications network providers with respect to online marketing and advertising, including behavioral advertising, and deep-packet inspection issues
Healthcare Information & Privacy
- Counsel healthcare clients on matters involving the confidentiality and security of health information
- Interpreting and applying the Privacy and Security Standards promulgated under HIPAA (Health Insurance Portability and Accountability Act)
- State laws protecting the confidentiality of health information and prescription data, as well as HITECH compliance
Financial Information & Privacy Law
- Gramm-Leach-Bliley Acts and its implementing regulations, including financial institutions’ privacy policies, information sharing practices and data safeguarding
- FCRA, and its FACT Act amendments, which regulates the use of credit reports, identity theft prevention and other privacy-related practices
- CAN-SPAM Act and federal and state telemarketing laws
- Right to Financial Privacy Act
- Federal and state data security and data breach laws
- New legislative proposals, including proposals that would significantly expand privacy regulation at the federal level
- Regulatory and administrative developments, particularly given the divided jurisdiction among the FTC, Consumer Financial Protection Bureau (CFPB), and other agencies
- Cross-border issues relating to conflicting requirements of different domestic privacy regimes, as well as transborder data transfers
EU & International Privacy
- International privacy and data protection issues related to the Foreign Corrupt Practices Act (FCPA) investigations and other regulatory investigations including those by the Securities and Exchange Commission (SEC)
- Privacy and information law issues that arise in connection with internal investigations and civil discovery access to documents and witnesses located outside of the US
- Federal and state privacy and information practices matters affecting financial institutions
- Title V of the Gramm-Leach-Bliley Act
- Fair Credit Reporting Act (FCRA) as amended by the Fair and Accurate Transactions (FACT) Act
- CAN-SPAM Act
- Right to Financial Privacy Act
- Federal and State telemarketing laws and federal and state data security and data breach laws
- Transborder data transfers from the EU to the US
- Advocate on behalf of clients in the financial privacy federal legislative and regulatory process
Big Data, Internet of things (iot), & artificial intelligence (AI)
- Assist clients address big data legal issues surrounding the analysis, collection, and use of the massive data sets being generated by the IoT, including AI and machine learning applications
- Help address privacy, data security, consumer protection, and other litigation and regulatory challenges stemming from the enormous data sets they process
- Help companies address inquiries from the FTC and state Attorneys General regarding the alleged misuse of data from their products
- Assist industrial Internet companies with issues ranging from supply chain management to sensors on large industrial machines
- Data protections issues:
- Development of ethical data stewardship governance models
- Regulators counseling for data science companies that run proprietary algorithms to reveal nonintuitive actionable insights for their customers
- Legal counseling for companies that repurpose data, collect adverse event data and develop complex IT infrastructures that support the transfer and interrogation or large-scale data sets
Internet, Social Media, & E-Commerce
- Internet Terms & Conditions
- Online Content (including user generated content "UGC")
- Online Payment Mechanisms
- Data Protection/Privacy
- US and International Trade Regulation
- Cloud Computing
- Outsourcing
- Software Licensing (including software as a service "SaaS")
- IT and Telecommunications Services and Infrastructure
Technology, Media, and Privacy Law
- Handle litigation, counseling, and regulatory work for both media and non-media clients on issues arising from the collection, publication, dissemination, and protection of data and information assets
- Help clients advance and protect their reputations, publications, networks, databases and other information assets
- Represent clients in court and before enforcement and regulatory agencies
- Provide compliance counseling and analysis and advice on how information may be communicated to the public, shared with or extracted from third parties or insulated against unauthorized access
Workplace Privacy
- Bring your own device (BYOD)
- Employee Monitoring
- Centralized HR
- Internal Investigations
- Asset Tracking
- Open Workspaces
- Remote Work
- Employee Screening
- Diversity
Privacy Public Policy, Counseling, & Advocacy
- Big Data
- Drones
- Cyber Warfare
- Biometrics
- Wearables
- IoT
- AI
- Robotics
- Ed. Tech