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’ve always loved Venn diagrams. They have a simple way of illuminating potential connections, overlaps, and combinations. They also can be quite funny. Sometimes Venn diagrams show obvious relationships, but other times, they can be used to highlight an odd overlap from seemingly unrelated stories or concepts. This last week, three stories and articles came… Read More

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I think Facebook could probably characterize 2019 year-to-date as “less than fantastic.”  The ongoing fallout from Cambridge Analytica in the UK, massive consumer distrust, the internal strife between what appears to be Team Zuck versus Team Cheryl, and now the looming multibillion-dollar fine that FTC seems to be preparing. It’s enough to make you drink.… Read More

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Transparency is one of the principles driving recent developments in data privacy and data security.  We’ve spent a lot of time discussing how important it is to be open with consumers and data subjects, to give them a clear idea of how their data is used, and why.  The primary reason for this is to… Read More

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Privacy is an interesting concept, one that both intrigues and baffles us, teasing us with seemingly unanswerable questions.  What does it mean to have privacy, or is it even a commodity capable of possession?  Is it simply the “right to be let alone,” as Warren and Brandeis wrote in their famous Harvard Law Review Article… Read More

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It’s Data Protection Day, the happiest day of the year!  A year ago, we were talking about the changes that GDPR would bring, and how to gear up operations to ensure that you didn’t violate the law or mislead your customers.  The premise was simple: transparency is a fundamental precept under GDPR (and US law),… Read More

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In a move likely driven by federal pressure and calls for an investigation, AT&T yesterday announced that it will no longer sell its customers’ location data to third parties, including data aggregators who, in turn, sell the information to others.  The public response has been to say “It’s about time” immediately after saying “Hold on,… Read More

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