Our Privacy and Information Security attorneys work at the leading edge of privacy and data security law, guiding companies through dozens of regulatory inquiries, government and internal investigations, enforcement actions and litigation brought each year by the Federal Trade Commission (FTC), the Federal Communications Commission (FCC), the Consumer Financial Protection Bureau (CFPB), state attorneys general and individual, or classes of, consumers.
Our goal is to minimize risk and achieve an outcome that makes sense for our clients — whether that’s closure of an inquiry or investigation, a favorable settlement, or successful litigation. Our team has a unique perspective developed from years of serving as in-house counsel to retailers, consumer product manufacturers and financial services companies, and as part of the FTC’s Bureau of Consumer Protection, the New Jersey Office of the Attorney General, and the U.S. Attorney’s Office for the Southern District of New York. We enjoy strong relationships and a well-earned reputation for integrity and credibility with attorneys at every level of the FTC, in the offices of state attorneys general, and with many class action-focused plaintiffs’ firms.
We have a deep understanding of the laws commonly at issue in privacy and data security litigation, including the federal Electronic Communications Privacy Act (ECPA), Computer Fraud and Abuse Act (CFAA), Fair and Accurate Credit Transactions Act (FACTA), and Telephone Consumer Protection Act (TCPA), and various state consumer protection laws such as the Illinois Biometric Information Privacy Act (BIPA) and the California Consumer Privacy Act (CCPA). We have an impressive record negotiating with state and federal regulators to close investigations amicably, including dozens of cases over the last decade in which we’ve convinced FTC staff not to recommend enforcement action to the Commission. We’ve also negotiated assurances of voluntary compliance with state attorneys general in both single- and multi-state matters. And our market-leading class action litigators have years of experience with privacy-related issues, which we expect to multiply with the recent passage of the CCPA. Our team includes several litigators that are Certified Information Privacy Professionals (CIPP/US) by the IAPP.
We serve clients in many highly-scrutinized industries, including consumer products and retail, hotel and leisure and financial services, as well as telecommunications, broadband, technology and mobile services. While our team works with clients facing investigations or litigation related to all types of privacy issues, we are especially effective in matters at the intersection of consumer privacy and marketing and advertising.