Information Management

Our Information Management Team is a multi-disciplinary group of more than 40 litigation, transactional, intellectual property, communications and regulatory lawyers whose practices connect the legal issues arising from considerations of privacy, data security, software and other information technology, outsourcing, e-commerce, the Internet and social media, cloud computing and records retention and destruction.

We understand the importance to businesses of managing information and related technology throughout its useful life, from creation and development, through procurement, to implementation, maintenance and protection. We provide our clients with transactional expertise, regulatory compliance counseling, intellectual property protection and enforcement, and dispute resolution services. Our lawyers help build brands, avoid regulatory trouble, and protect tangible and intangible information-related assets. We provide advice, input, and a full array of services to help online businesses deal with threats such as phishing, online fraud schemes, digital brand abuse, online piracy, and related online security issues. We also regularly handle and counsel clients in connection with complex e-commerce and sourcing transactions, including hosted services arrangements, technology licensing, SaaS, systems procurement and project implementation, as well as social media, behavioral advertising and a full panoply of privacy and data security issues.

Our lawyers have guided clients through the toughest and most complex problems, transactions and crises, despite sweeping industry, regulatory and legal change. We are committed to educating our clients and providing thought leadership on the issues handled by our Team. We have deep and recognized industry experience and therefore can provide our clients with creative and practical solutions to the complicated information problems that businesses face today. Our industry expertise has been noted by several significant publications, including American Lawyer Media, which recently named Troutman Sanders a "Go-To Law Firm" for leading technology companies.

Our practice regularly involves the following types of engagements:

  • Representing dozens of clients across a variety of industries in connection with data breaches ranging in data subjects from less than 100 to more than 1 million , including advice on notification obligations under federal, state and international requirements, and claims assessment and dispute resolution.
  • Representing vendors in a variety of contexts, including content providers; software developers; domain name registrars; hardware, infrastructure and network suppliers; outsourcing providers, service bureaus, data warehousers, web developers and e-commerce vendors; and, wireless and mobile commerce providers.
  • Advising users in virtually every major industry sector including energy, financial services, transportation, professional services, health care, hospitality, education, government, manufacturing, retail, media and entertainment.
  • Representing clients in connection with government and regulatory inquiries, investigations and enforcement actions (particularly by Insurance Commissioners, states attorneys general, and the Federal Trade Commission).
  • Compliance counseling regarding all federal, state and privacy and information management laws, regulations and structures, including but not limited to the Gramm-Leach-Bliley Act, the Fair Credit Reporting Act, the Fair and Accurate Credit Transactions Act, the California Security Breach Information Act (and similar state statutes), Massachusetts Regulation 201, the CANSPAM Act, the Health Insurance Portability and Accountability Act, Do Not Call rules, PCI Compliance, the Digital Millennium Copyright Act, the Store Communications Act, the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, the Canadian Personal Information Protection and Electronic Documents Act, the EU Data Protection Directive and the Directive on Privacy and Electronic Communications (as well as EU member state adoptions) and the Hong Kong Privacy Data Ordinance.
  • Counseling both users and vendors regarding software, hardware, Internet and technology systems procurement.
  • Developing and implementing privacy policies, information security policies, and document retention and destruction polices, as well as more comprehensive Information Management Programs, that are in accordance with controlling law, while recognizing client needs to collect and appropriately use personally identifiable information.
  • Implementing IP protection and information management strategies for clients in regard to development of hardware, software, Internet and technology systems.
  • Advising online commercial ventures regarding a full range of compliance issues, including social media issue, behavioral advertising and online endorsement rules.
  • Assisting clients in online enforcement and brand protection.
  • Representing clients in vendor/user, domain name, trademark, copyright, Internet and other technology-related disputes.
  • Assisting clients in litigation and dispute resolution, crisis management strategies and response to consumer concerns.
  • Advising employers on workplace privacy issues (i.e., background screening, employee monitoring, and video surveillance).
  • Assisting clients in mergers and acquisitions in determining privacy and data security controls currently in place and assessing risk.
  • Representing financial institutions against alleged wrongful reporting claims under the Fair Credit Reporting Act initiated by consumers who have been allegedly victimized by identity fraud.
  • Advising clients in matters implicating the Communications Assistance for Law Enforcement Act.
  • Assisting clients in connection with software anti-piracy inquiries, audits and investigations.
  • Representing various companies, including financial institutions, in obtaining transfers of domain names and other relief through federal anticybersquatting claims and ICANN administrative dispute resolution proceedings.
  • Advising retailers on compliance with state laws regulating the collection of personal identification information from driver's licenses and in connection with credit card transactions.

Information Management Representative Engagements

  • Lead outside counsel representing Fortune 500 aftermarket auto parts retailer in connection with multi-million dollar information technology sourcing project.
  • Assisted publicly-traded credit card services firm, as part of its nearly $140 million acquisition of an auto loan receivables portfolio, in determining applicability of, and compliance with, Gramm-Leach-Bliley.
  • Lead counsel in bid protest action against State of Georgia on behalf of large technology vendor as incumbent, high bidder. Obtained permanent injunction forcing $20 million contract back out to bid and preventing $2 million payment from State to successful bidder; client awarded contract worth estimated $40 million on re-bid.
  • Advised multi-million dollar residential services firm regarding privacy and information security issues in connection with the launching of a new online retail store and the related development of a privacy policy, web site terms and conditions of use, and membership agreement for use on new retail website.
  • Advised IT services subsidiary of one of the world’s largest telecommunications carriers in connection with multi-million dollar outsourcing project, including website privacy and data collection issues, compliance with European Union and Canadian privacy directives, and conformity with the Payment Card Industry (PCI) Data Security Standard.
  • Assisted Northeast-based consumer and mortgage loan company in determining applicability of FACTA affiliate sharing rules for marketing purposes and Gramm-Leach-Bliley information sharing rules.
  • Advised large electric utility regarding the legal and regulatory requirements for data management, privacy and security as part of the development of a comprehensive Information Management Program by a "big four” consulting firm.
  • Regularly represent two of the world’s largest consumer financial institutions in defense actions by consumers allegedly victimized by identity fraud and who allege wrongful reporting by our clients under the Fair Credit Reporting Act.
  • Represented one of the world’s leading data brokers in regulatory proceedings before the state Insurance Commissioner and state Attorney General’s office, resulting from the client's reporting of the loss of personally identifiable information under the California Security Breach Information Act.
  • Lead outside counsel regularly advising industry leading hosted services provider on full range of technology contracts.
  • Lead technology counsel in advising new social networking and video site regarding launch of website and regulatory compliance.
  • Lead counsel in representing technology integrator and consulting firm focused on online platforms for specialty retailers in connection with dispute over ownership of technology and provision of related services.
  • Outside counsel for specialty women’s retailer in providing advice on social media issues.
  • Provided advice one of world’s largest provider of secure transportation, cash logistics, and other security-related services to banks and financial institutions on Gramm Leach Bliley compliance.
  • Counsel to consumer-based provider of price comparisons and connection facilitation of power and media services regarding data security standard compliance.
  • Counsel to client in handling claims asserted against e-mail marketing firm arising out of highly publicized data breach of millions of customer records.
  • Advised client in connection with $8 million Oracle R12 implementation.
  • Counsel in advising and representing employee benefits consulting vendor in connection with data breach of personally identifiable information on more than 200,000 employees.
  • Outside counsel in advising one of the country's largest municipal-owned utilities in connection with $21 million BearingPoint implementation of customer care and billing software.
  • Provided advice to large western states utility in connection with multiple software transactions totaling more than $20 million.
  • Negotiated on client’s behalf in acquisition of $5 million enterprise-wide, multi-station/multi-channel traffic, accounting and yield management software solution for 47-station independent television company.
  • Obtained preliminary and permanent injunctions, and award of statutory damages and attorneys' fees, against cybersquatter that registered domain names consisting of misspelled variations of energy company's trademarks which diverted to pay-per-click advertising websites.
  • Litigation counsel for digital video signal processing equipment manufacturer in obtaining injunctive relief against former employee in action alleging breach of restrictive covenant and misappropriation of trade secrets.

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Diversity

Troutman Sanders embraces diversity as a cornerstone of our future. It means, in part, a commitment by all of our attorneys and all other personnel to a shared vision and the establishment of a workplace environment that is fully inclusive. The Firm values diversity in that it enables the Firm both to take full advantage of the knowledge and talents of a multicultural team in order to meet and exceed individual and business goals and client expectations, and to meet the Firm’s obligation to provide the broadest possible range of opportunities to the members of the communities served by the Firm.

Troutman Sanders defines diversity as an environment of inclusion, in which race, color, religion, sex, age, sexual orientation, gender identity, national origin, citizenship, disability, background and social and ethnic group differences are accepted and valued, and all members of the Firm can contribute to their fullest potential to achieve the Firm’s business goals.

Troutman Sanders supports many initiatives that foster an inclusive environment and help all its personnel balance commitments to clients and family:

Domestic Partnership Benefits

Troutman Sanders offers domestic partnership insurance benefits and has a longstanding policy against discrimination on the basis of sexual orientation.

Women’s Forum

The Troutman Sanders Women’s Forum is a framework to increase the visibility of our women lawyers and their accomplishments, provide expanded professional and business development opportunities, and provide a supportive environment for the continued recruitment, promotion and retention of women lawyers firm-wide.

Moms' Group

The Moms' Group at Troutman Sanders includes both full and part-time women lawyers with children of all ages and provides the opportunity to discuss issues of common concern among a support network such as part-time employment options with the firm and child-care providers.

Charitable Giving

The firm allocates a significant amount of its annual charitable, diversity, and civic contributions budget toward nonprofit organizations and bar associations with a diverse constituency or whose mission directly influences the issue of diversity.  These organizations include the Latin American Association, National Association of Chinese Americans, Stonewall Bar Association , Georgia Hispanic Chamber,  National Asian Pacific American Bar Association (NAPABA), National Association of Women Lawyers (NAWL), Equality Virginia,  Stakeholders, Inc., Puerto Rican Legal Defense and Education Fund, Mexican American Legal Defense and Education Fund (MALDEF), YWCA, HRNEW, The Urban League, and Catalyst, Inc.

Recruiting

Troutman Sanders proactively recruits a diverse team of lawyers by visiting law school campuses and participating in minority job fairs, including the Lavender Law Job Fair, Southeast Minority Job Fair, Mid-Atlantic BLSA Minority Job Fair and Virginia Bar Association Minority Job Fair.  The firm also sponsors a variety of associations that connect minority law students to internships and job opportunities in the legal industry. 

Ongoing efforts to promote and foster an inclusive environment are lead by the Troutman Sanders Diversity Committee. Its primary goals are to implement the firm’s philosophy on diversity, ensure a welcoming workplace for all personnel, and make an impact on the community through charitable giving and pro bono service.

Members of the Diversity Committee are:

Sallie A. Daniel, Chief Diversity Officer
Ronald R. Ross, Chairperson **
Pamela S. Belleman ** 
Robert L. Bourguignon **
Julie L. Burgener **
Albert C. Hwang **
Molly F. James **
Jennifer Mathis **
Joseph M. Parker **
John M. Ramirez **
E. Fitzgerald Veira **
Sonia K. Bain
Sandra L. Brown
Michael D. Hobbs, Jr.
Roscoe C. Howard, Jr.
Prashant K. Khetan
M. Kevin McCusty
George L. Scruggs
Rebecca W. Shanlever
Wendelin W. Silliman
Anthony F. Troy
Jerome Walker
Farah S. Ahmed * 
Meredith N. Baron *
George G. Booker *
Alonso J. Cisneros *
Tameka M. Collier *
Sara H. Doran *
Kaleen Serena Ford *
Becki F. Kieffer *
Adam S. Libove *
Christina M. Lucio *
Nora Garcia Nickel *
Tashwanda C. Pinchback *
S. Kaveh E. Rashidi-Yazd *
Jimmy R. Rock *
Tania S. Sebastian *
Ashante Latanya Smith *
Matt J. Sperling *
Juliet G. Sy * 
Whitney S. Waldenberg *

* Elected by Associates
** Office Committee Chair
 

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