Data Privacy and Cybersecurity

Confidential business and consumer information is one of the most valuable assets to any organization.

Liability concerns over the privacy and security of employee and customer information is paramount, as evidenced by the daily headlines of data breaches and thefts. Montgomery McCracken lawyers help clients protect the privacy and security of their information and, in the process, reduce clients’ exposure to cyber risks. From proactive solutions, such as counseling clients about potential vulnerabilities and options for mitigating risks, to implementing policies and procedures, to responding quickly to a data breach and defending clients in litigation, the lawyers in our Data Privacy and Cybersecurity practice offer an interdisciplinary, practical approach to assist clients in reducing the risk and exposure to data breaches. Our team is comprised of multiple legal specialties including technology, information governance, government-driven and internal corporate investigations, class actions, employment liability, and litigation.

Montgomery McCracken’s Data Privacy and Cybersecurity lawyers provide proactive counsel and representation to clients on a wide range of data privacy, cybersecurity, information security/governance, and data breach issues, including (but not limited to) the following four key areas:

Health Care

Privacy is a vital concern for health care providers and patients. Our lawyers work with clients to ensure compliance with the latest regulations, including the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH).

Higher Education

Colleges and universities are grappling with an increasingly complex legal and regulatory environment as the threat to information privacy and security grows. Balancing student privacy and supporting data collection and use can be challenging for higher education administrators. We work with clients to minimize risk by understanding and complying with all relevant regulations, including the Family Educational Rights and Privacy Act (FERPA) and other federal student data privacy laws.

E-Commerce and Consumer Marketing

Buying and selling in today’s electronic marketplace involves a myriad of potential privacy and security pitfalls. Data privacy and security is a growing concern for clients engaged in e-commerce and consumer marketing. Our lawyers stay current on the laws and regulations affecting businesses, including the Computer Fraud and Abuse Act (CFAA), the Federal Trade Commission Act (FTCA), the Electronic Communications Privacy Act (ECPA), the Children’s Online Privacy Protection Act (COPPA), as well as more recent state laws and regulations, including the California Consumer Privacy Act (CCPA) and its implementing regulations.

Compliance, Enforcement, and Litigation

Navigating the complex and ever-changing laws concerning the collection, use, disclosure and security of personal information is challenging for organizations of any size. Our privacy team counsels clients on all steps necessary to ensure proper compliance and risk management, establish policies and procedures, provide employee training, and respond to regulatory inquiries and investigations. Our proactive efforts enable clients to avoid breaches and their impact, but when necessary we’re fully prepared to shepherd clients through data breach incident response and remediation, as well as to handle any possible resulting litigation.