Data privacy and security issues are a constant and complex concern of every organization. Protecting digital information from ever-changing threats is serious, not only for regulated industries such as health care and financial services, but also for any organization that receives, uses or stores personally identifiable and other protected or proprietary information.
Butler Snow represents clients in all aspects of privacy and data security matters. We counsel clients on international and U.S. state and federal privacy laws and regulations, including, by way of example, creation of privacy compliance programs, data security policies and development of response plans in the event of a data breach.
We use a multi-disciplinary approach in staffing our Data Privacy and Security team with members from multiple practice areas of our Firm to cover the full array of issues present in these matters, including:
- Privacy Policy Assessments and Reviews
- Data Breach Investigation, Response and Notification
- Data Privacy and Security Breach Litigation and Regulatory Actions
- Vendor and Business Partner Contracts
Highlights
- Representation of online sports technology company on its international and U.S. privacy program, including advice regarding privacy policy, data security best practices, vendor contracts, and vendor management privacy and security program.
- Representation of food and beverage packaging manufacturer on its U.S. privacy compliance program, including compliance with the CPRA regarding employee data.
- Representation of construction equipment distributor on its U.S. privacy compliance program, including advice regarding privacy policy, vendor contracts, and vendor management privacy and security program.
- Representation of online marketing company on its U.S. privacy compliance program, including advice regarding privacy policy, vendor contracts, and vendor management privacy and security program.
- Representation of digital advertising agency on its U.S. privacy compliance program, including advice regarding privacy policy, vendor contracts, and vendor management privacy and security program.
- Representation of online media company in data privacy arbitration, including claims of statutory and common law privacy claims arising out of online tracking technologies.
- Representation of a major credit card company in a breach of contract case involving $13.5 million in fines and assessments levied by the client against international shoe and apparel retailer as a result of a data security breach of the retailer’s computer systems.
- Representation of a national insurance company to conduct internal investigations regarding potential data security breaches.
- Obtained dismissal of $50 billion identity theft class action claim after removal pursuant to Class Action Fairness Act and defeat of remand efforts. The suit alleged damages from the theft of personal information of hundreds of thousands of individuals whose information was stored on missing laptops.
- Represented the world’s largest internet marketer of aviation parts in trial of Computer Fraud and Abuse Act suit. Allegations included hacking to wrongfully obtain proprietary information used in internet sales and acquisition of aviation parts. Jury verdict for client after 6-week trial and successfully defended $20 million counterclaim.
- Represented chain of casual restaurants in data breach resulting in compromise of credit cards. Successfully navigated the investigation, worked with law enforcement to uncover the criminal hacking, augment security measures, and restore public confidence and client customer base.
- Obtained dismissal of lawsuit alleging defamation and violation of Tennessee Personal Rights Protection Act for New York-based website.
- Engaged by large chain of specialty retail stores in litigation to recover card brand assessments taken by the card processor following a criminal hacking and defending allegations of damages sustained by the card processor.
- Advised a manufacturing entity on how to respond to a breach resulting in the compromise of sales and customer data. Advice covered communicating with customers and steps to avoid or mitigate litigation exposure.
- Obtained dismissal of suit by a customer against a national on-line bank and its executive alleging fraud and consumer protection claims arising from freezing of account funds in suspicious transactions.
