Data Privacy Law
and DPO Services

Every day, there are fresh reminders of the dangers of not taking information management seriously.  We help our clients avoid those dangers by working with them to become “DataSmart” – aware of the value of their data, attuned to the need to protect it, and able to respond to fast-paced changes in technology and law.

Practice Areas

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DPO Outsourcing Services

A Data Protection Officer is the lead authority on data security, GDPR compliance, and liaising with government agencies, both in the US and the EU. We provide clients the necessary skills, expertise, and relationships they need by combining the responsiveness of an internal DPO and the perspective of an outside counsel.

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GDPR Compliance

Many businesses are not familiar with the requirements of the EU’s General Data Protection Regulation (GDPR), which applies to any business processing EU citizen data in any way.  The GDPR imposes strict penalties for failure to comply, but we help clients implement “data security by design.”

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Federal and State Regulatory Investigations

Regulatory agencies, such as the FTC or the NY Department of Financial Services, oversee privacy and data security in the US.  Our familiarity with these agencies and the law allows us to craft compliance policies and establish best practices that anticipate, rather than merely respond, to agency expectations and demands.

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Data Breach Planning and Response

No one wants to be the subject of a data breach, but even the most secure companies can still be at risk.  The most important step is the one you take before the breach occurs — creating an incident response protocol and planning for the worst.  We create breach response and compliance protocols so that our clients always have a plan.

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Litigation

There has been an explosive growth in data-related litigation in the last ten years, with no signs of slowing.  Our deep experience in litigation allows us to seamlessly move from trusted advisor to zealous advocate, whether as a plaintiff or in defense. We can manage a case from inception through appeal, and tirelessly advocate for our clients’ rights.

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Corporate Governance

Compliance requires more than lip service to protecting information.  Boards have affirmative obligations to engage meaningfully with data regulations and privacy law, or they risk regulatory or shareholder lawsuits.  We advise boards on how to make data security a component of their duties, and how to make their company smarter about data.

 

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Latest Updates

We were fortunate to present at the B2SMBi Conference last week, which gathers small and medium sized businesses (“SMB”) and the service providers that allow them to grow and function at scale.  It was a great event, with everyone from micro-startups to Google in attendance, and it provided great insights into the concerns SMBs and… Read More

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Another week, another series of massive data breaches.  Of the few we heard about in the last seven days, none are as concerning as Facebook’s breach involving more than 50 million user accounts.  Those are the kinds of numbers that, depending upon how the breach occurred, could incur a massive penalty at the hands of… Read More

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The ballot initiative was pulled, the law was passed. But will the California Consumer Privacy Act (CaCPA) move forward to be one of the most significant steps in data privacy law or will the law be watered down through the revision process. This is a big test to see how California handles data privacy and… Read More

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The opportunities for Artificial Intelligence to transform humanity are enormous. We are seriously excited. However, there are issues with amassing the amount of data necessary for these machine learning based solutions. To become “intelligent” (whether artificially or not) requires immense data and knowledge, and the ability to recall that knowledge. Data Minimization, as a concept,… Read More

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Today we’ll talk about something near and dear to my heart: data security for lawyers. I recognize that this is not a topic that many lawyers want to discuss, or one that they feel comfortable discussing.  But the reality is that data security is an important part of being a lawyer, even if it’s not… Read More

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Well, it has been a little more than 90 days since the GDPR “went live”. In this episode of “Are You DataSmart?” the Ward brothers break down the initial global response to GDPR, the rise and fall of DSARs, and two other issues that will be critical to watch as GDPR continues to re-shape the… Read More

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