Cybersecurity and Data Privacy

Confidential business and consumer information is one of the most valuable assets to any organization. Keeping it confidential while complying with privacy laws and regulations is more important than ever.

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. New, expanded privacy laws and regulations are being issued by many states, and internationally.  Montgomery McCracken’s Cybersecurity and Data Privacy Practice helps clients protect the privacy and security of their information and, in the process, reduces 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 attorneys in our Cybersecurity and Data Privacy Practice offer an interdisciplinary, practical approach to assist clients in reducing the risk and exposure to data breaches. Our team is comprised of lawyers experienced in technology, information governance, government-driven and internal corporate investigations, class actions, employment liability, and litigation.

Montgomery McCracken’s Cybersecurity and Data Privacy attorneys provide proactive counsel and representation to clients on a wide range of data privacy, cybersecurity, information security/governance, and data breach issues. Some of the industries we serve are:

Health Care

Privacy is a vital concern for health care providers and patients. Our attorneys 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.


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 attorneys 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, in California, Virginia, Utah and Colorado – with more to come.


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.

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