Privacy and data security issues have become increasingly more prevalent nationally and internationally, impacting every business enterprise and creating a constantly evolving legal landscape. Managing data security in compliance with privacy laws is critical. We proactively help our clients assess their compliance and identify the greatest areas in need of attention and improvement.
Since responding to data breaches often requires a multi-faceted and rapid-response approach, Taft’s privacy and data security attorneys reflect expertise drawn from broad and significant legal experiences across our firm. In support of client matters, we remain at the forefront of up-and-coming state privacy laws concerning the collection of personal/sensitive data.
To help our clients, we:
- Defend and prosecute privacy and data security claims.
- Respond to regulatory and criminal investigations.
- Manage data breach notification and incident response.
- Implement data security programs.
- Resolve transactional disputes.
Attorneys across multiple practice groups have experience with the full range of laws, policies and regulations associated with privacy and data security, including, but not limited to:
Health Care
- Health Information Portability and Accountability Act (“HIPAA”)
- Health Information Technology for Economic and Clinical Health Act (“HITECH”)
- Heath care data
- Electronic health records
- Cloud computing
- Third party administrators
Intellectual Property
- Digital Millennium Copyright Act
- Various state trade secret, privacy and data breach notification laws
- Software development advisory services
- Licensing issues
- Website development
- Data storage facilities
Litigation
- Risk assessment
- Regulatory and criminal investigations
- Trade secrets and confidential and proprietary information (and misappropriation)
- Software disputes
- Arbitrations
Labor & Employment
- National Labor Relations Act
- Employment transition
- Non-compete agreements
- Policies and Training
Banking & Finance
- Fair Credit Reporting Act
- Fair and Accurate Credit Transactions Act
- Gramm-Leach-Bliley Act
- Federal Trade Commission Regulations
- Payment Card Industry Data Security Standards
Technology
- Computer Fraud and Abuse Act
- Data Storage Centers (including customer representation)
- Electronic Communications Privacy Act of 1986
- Children’s Online Privacy Protection Act (“COPPA”)
A proactive and comprehensive approach to privacy and data security yields the best solution for our clients. Compliance with data security laws provides immediate benefits and reduces the likelihood of a data breach. Should an event occur, losses could be minimized.