Information Privacy Practice

Solutions For Your Information Age Problems

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