Privacy and Data Security

Venable’s diverse Privacy and Data Security team is one of the oldest and largest practices in the nation. We offer tailored and practical solutions, informed by our public policy experience, to address privacy and data security challenges, from compliance needs to crisis response. At the forefront of shaping legislative and regulatory changes, we can help you prepare for tomorrow.

Drawing on deep industry and technical knowledge, and decades of experience representing the world’s most prominent and innovative companies, our award-winning team covers all aspects of data privacy, cybersecurity, artificial intelligence, and information governance.

Deeply engaged in regulatory and legislative advocacy relating to privacy, security, and technology, we are experienced policy advisors widely known for building major industry coalitions and representing their interests on Capitol Hill and across the states.

When policy meets product, we offer sophisticated and pragmatic compliance counseling and managed privacy services, deploying creative thinking to help companies smartly meet privacy obligations while still using data to build their business, brand, and customer trust. At the forefront of AI adoption, we also advise on the privacy, governance, and compliance challenges of developing and deploying AI across business operations, customer-facing products, advertising, and data-driven decision making.

Should the government come knocking, Venable provides vigorous, efficient defense in privacy and data security investigations and litigation brought by federal and state authorities. We also advise clients facing privacy, cyber, and data security incidents and help them develop response plans to prepare for potential future incidents.

A full-service practice, our legal team is bolstered by cybersecurity professionals, policy analysts, and well-known leaders from government and private sector backgrounds, bringing unparalleled breadth and depth to our client service.

Privacy Policy and Legislative Advocacy

Our team helps shape the laws and policies that define the privacy landscape. Strengthened by decades of public policy experience, we represent industry coalitions, trade associations, and individual companies before Congress, federal agencies, state legislatures, and regulators on legislative, regulatory, and public policy initiatives. Our involvement in developing privacy frameworks and industry best practices provides insights that strengthen our strategic counseling, compliance advice, and advocacy.

Privacy Compliance, Data Governance, and Privacy Program Management

Venable helps organizations build and maintain practical privacy and data governance programs that align legal obligations with business objectives. We advise on compliance with evolving U.S. state, federal, and international privacy laws, develop governance frameworks, conduct privacy assessments, draft policies and notices, and help clients operationalize compliance across their organizations. Our goal is to create programs that are sustainable, scalable, and responsive to business needs and changing regulatory expectations.

Managed Privacy Services

Organizations often require ongoing support beyond traditional legal advice. Our Managed Privacy Services help clients build, enhance, and maintain mature privacy programs over time. Our solutions are flexible enough to serve clients of any size and industry while providing the tailored programmatic, operational, and technical support needed to achieve business goals. Our team is also skilled in guiding clients through the potential risks and liabilities associated with routine contracting, integrating vendors, and major corporate transactions, as well as every aspect of developing and launching new products.

AI Use and Governance

Our team helps clients address the privacy, governance, and compliance considerations that accompany the use of AI in business. We advise on impact assessments, the integration of both internal and customer-facing AI tools, and privacy issues involving profiling, automated decision making, and other consumer protection frameworks. We also help companies develop or deploy AI-enabled platforms for advertising and marketing. In parallel, our team is helping shape the policy landscape for AI, working with federal and state policymakers to promote practical frameworks and greater consistency across legislative and regulatory forums.

Regulatory Investigations and Enforcement Defense

When clients face investigations or enforcement actions, we provide skilled defense based on decades of experience before the Federal Trade Commission, Congress, state attorneys general, and other federal and state agencies. From responding to investigative demands to negotiating resolutions, we manage these sensitive matters with discretion and efficiency, developing practical strategies that minimize legal, operational, financial, and reputational risk.

Cybersecurity Incident Response and Crisis Management

When a cybersecurity or privacy incident occurs, clients rely on us to coordinate legal strategy, forensic investigations, regulatory notifications, communications, and remediation efforts. We also help organizations strengthen incident response planning before an event occurs, improving resilience and reducing future risk.

Our Team

We are proud that our 30+ privacy and cybersecurity attorneys, policy advisors, and cybersecurity technology directors are consistently highly ranked by their peers, having previously won the Chambers Privacy and Data Security Practice Group of the Year award. Our team includes experienced privacy practitioners who have built and scaled complex privacy and data governance programs within the world’s leading technology companies. In addition, our team includes technology policy leaders from government agencies whose roles in the development of best practices provide Venable with unique insights that inform our counseling and defense strategies. The longevity of many of our client relationships is testament to our ability to partner with our clients to protect their interests and meet their business objectives.

Experience
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  • Served as lead counsel to a major retailer in various crisis response capacities, including orchestrating, strategizing, and leading congressional witness preparation; serving as “first chair” during the client’s testimony at U.S. House and Senate hearings; coordinating responses to other simultaneous government investigations; counseling on media and communications; and delivering legal guidance to the C-suite and government affairs team
  • Successfully defended a media company in an investigation by the FTC arising from allegations that the company circumvented browser privacy settings when using online ad-serving technology
  • Provided legal and strategic counsel to a hospitality company with respect to two successive data breaches. This included representation of the company in connection with responding to state attorney general inquiries, and in negotiations of fine payments with credit card companies and insurance providers
  • Successfully represented a major cable television company in class action suits filed under the privacy provisions of the Cable Communications and Policy Act of 1984
  • Represented trade associations seeking to strike down financial privacy regulations issued by the FTC, the Securities and Exchange Commission (SEC), and the federal banking agencies pursuant to the Gramm-Leach-Bliley Act (GLBA), and challenging the national “Do Not Call” registry and related FTC telemarketing regulations
  • Worked with the Digital Advertising Alliance (DAA) to develop its PoliticalAds self-regulatory program, bringing transparency and accountability to the digital political advertising ecosystem. Fueled by reports of abuses of digital political advertising in the presidential elections, Venable helped the DAA develop the program and within months secure its adoption by a state board of elections
  • Provided advice and developed educational materials for an ad tech company to inform the European Parliament about how digital advertising fuels the economy and benefits consumers, in preparation for the General Data Protection Regulation (GDPR)
  • Entered into immersive, supporting relationships with an American entertainment company working with varying business models to provide around-the-clock assistance and served effectively as in-house counsel
  • Represented a health services marketer in connection with the requirements of the Health Information Portability and Accountability Act (HIPAA) related to pharmaceutical discount cards
  • Provided legal guidance and counseling with respect to a brand’s and a marketing solutions provider’s compliance obligations under the California Consumer Privacy Act (CCPA), which the state attorney general will begin enforcement of in July 2020, and created a priority list of business concerns for senior management regarding the law
  • Provided ongoing counseling to a global company as it rolled out new data collection practices, beginning with an assessment of potential legal and regulatory exposure related to the anticipated data collection practices, and concluding with new consumer consent language for inclusion in customer agreements
  • Assisted a transportation solutions and logistics company with data ownership issues arising from agreements with vehicle manufacturers with which it engaged in early-phase autonomous vehicle programs
  • Advised a direct marketing company on privacy and data security issues relating to the sale of a controlling stake in several prominent lines of business
  • Advised a multinational information technology services company on all privacy and data security matters relating to its acquisition of a leading cloud billing solutions company
  • Helped review the privacy incident response plans and facilitated tabletop exercises to help ensure that internal privacy and security teams at multiple companies are prepared to respond to new types of data security incidents

Government Experience
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Experience Working for:

  • Centers for Medicare and Medicaid Services
  • Consumer Financial Protection Bureau (CFPB)
  • Data Privacy and Integrity Advisory Committee, Department of Homeland Security (DHS)
  • Department of Commerce
    • National Institute of Standards and Technology (NIST)
    • Office of the Undersecretary of Commerce for Standards and Technology
  • Department of Education
    • National Assessment Governing Board
    • Office of Elementary and Secondary Education
  • Federal Interagency Committee for Emergency Medical Services (FICEMS)
  • General Services Administration
  • National Highway Traffic Safety Administration (NHTSA)
  • National Security Council
  • National Strategy for Trusted Identities in Cyberspace
  • Office of Legislative Affairs, Department of Justice (DOJ)
  • United States House of Representatives
    • Energy and Commerce Committee
    • Oversight and Investigations Subcommittee
  • United States Senate
    • Committee on Appropriations
      • Subcommittee on Agriculture, Rural Development, and Food and Drug Administration
    • Committee on Armed Services
    • Committee on Commerce, Science and Transportation
      • Subcommittee on Consumer Affairs, Insurance, and Automotive Safety
    • Committee on Health, Education, Labor, and Pensions
    • Committee on Rules and Administration
    • Committee on Small Business and Entrepreneurship
    • Committee on the Judiciary
      • Subcommittee on Technology and the Law
    • Judiciary Committee Counsel to U.S. Senator Charles E. Schumer (D-NY)
    • Office of Senator Richard J. Durbin (D-IL)
    • Office of Senator Joni Ernst (R-IA)
    • Select Committee on Ethics

 

Recognition
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  • Chambers USA
    • Law Firm of the Year, Privacy and Data Security, 2009, 2021
    • Privacy and Data Security, National, 2008 – 2026
    • Award for Excellence Shortlist, 2017
  • Chambers Global, 2011 – 2015, 2017, 2019 – 2026
  • Legal 500, Cyber Law, 2010 – 2026
  • Computerworld, Top 25 Privacy Experts, 2008

Venable, a trusted leader in the privacy space, offers a suite of privacy and data-strategy services that empower organizations to understand, manage, and operationalize their privacy requirements. How can we help you?

Where Privacy Will Go Under the Biden Administration.
3min

Founded more than 30 years ago, we are the first and among the largest privacy practices in the United States, with a combined experience of 300 years. Learn how we can help you.