Information Privacy:

Privacy laws produce serious challenges to the collection and use of personal information. Countless privacy bills are introduced each year. Wide media attention, class action suits, and government actions, have made information privacy a major risk area for businesses. Companies must understand and implement fair information practice principles and a wide range of laws that affect the collection, use, storage, processing or transfer of personal information.

We can provide privacy counseling, perform privacy audits, upgrade privacy policies and procedures, structure compliant marketing programs, train personnel, and weave privacy requirements in corporate and commercial transactions.

Information Security:

Adequate information systems security is necessary to ensure the integrity, authenticity, and confidentiality of companies' records and trade secrets, as well as the protection of employees or clients’ personal information. Data security is mandated by laws and regulations, such as the GLBA, HIPAA, State laws, or foreign data protection laws. Security Breach Disclosure laws have serious implications, as well.

We can assist companies in designing compliant security policies, drafting incident response plans, addressing security breaches, and integrating security compliance in corporate and commercial transactions.

Compliance:

From the Security Breach Disclosure Laws to the CAN SPAM Act, FCRA, FACTA, GLBA, HIPAA, and foreign data protection laws, numerous laws create compliance obligations. Our team keeps abreast of the new laws and pending bills, evaluates their requirements, and adapts them to our clients’ business, as necessary to ensure compliance while limiting the disruption to the organization.

We can help companies conduct periodic risk assessments, develop legally compliant privacy and security measures, and implement the required personnel training.

Outsourcing:

Many outsourcing or offshoring arrangements involve the processing of large volumes of personal information such as financial or medical data, payroll and benefits information, or social security numbers and purchasing histories. Adequate safeguards are crucial when structuring and implementing an outsourcing relationship in order to protect personal information entrusted to outsourcing service providers.

We can assist all phases of the outsourcing relationship, weave information privacy and security in the due diligence, contracts and reporting structures, and otherwise organize the privacy and security aspects of the relationship.

International:

Most businesses have foreign clients, providers, distributors, or subsidiaries. Websites create a worldwide presence for the smallest company. Concurrently, foreign courts are increasing their jurisdictional reach to attempt to control matters that affect the local citizens. Structuring policies and contracts that take into account different cultures and legal regimes is an art.

We have represented companies doing business abroad and foreign entities doing business in the United States in numerous projects and transactions, and have the required, extensive, experience to assist companies with global privacy and security concerns and other global issues.

IT Contracts:

Structuring and negotiating contracts for the creation, use, and distribution of software technology and services is an essential aspect of the operations of an organization.

We have represented licensors and licensees, vendors and clients, start-ups and publicly held companies in hundreds of transactions. We are seasoned drafters and negotiators, and can take the lead, or work backstage, to assist our clients in a wide range of commercial contracts.