For every major corporation, data privacy and security loom as critical elements of risk management. While other law firms are assembling teams to address some of the issues, no other firm has the type of experienced team we have—a team that is already providing coordinated solutions to the business, operations and legal aspects of gathering and protecting information about consumers, customers, employees and others.
MANAGING ALL THE PIECES
Policy knowledge reinforced by hands-on operational experience.
The experience our attorneys bring to clients mirrors the interwoven relationship between privacy law and the practical challenges faced by companies charged with the responsibility of collecting and protecting information.
Our work combines advice on broad policy questions and specific solutions to everyday industry problems. We offer both front-edge knowledge of the thinking of legislators and regulators and first-hand experience solving the issues that confront the executives of electronic commerce, financial services and communications companies.
Our policy work enhances our operational advice, and vice versa. We combine legal theory and practical know-how in an integrated approach to complex privacy and security issues.
When trouble strikes, we know how to deal with it.
Venable attorneys have years of experience defending clients in enforcement actions by regulatory authorities and mounting challenges to agency regulations, as well as litigating privacy issues and defending clients in class-action lawsuits.
With the increased risks and costs of privacy breaches, we place particular emphasis on issues involving the acquisition, aggregation and national and international transfer and use of personal data. For example, we have represented:
- retailers, financial institutions and marketers in connection with credit card and other data security breaches;
- trade associations seeking to strike down financial privacy regulations issued by the FTC, the Securities and Exchange Commission and the federal banking agencies pursuant to the Gramm-Leach-Bliley Act and challenging the national “Do Not Call” registry and related FTC telemarketing regulations;
- a major cable television company in class-action suits filed under the privacy provisions of the Cable Act;
- the Direct Marketing Association in connection with legislation and regulations concerning numerous marketing issues related to new communications technologies;
- various clients in matters pending before the Department of Homeland Security;
- a health services marketer in connection with the requirements of the Health Information Portability and Accountability Act related to pharmaceutical discount cards; and
- a global provider of Internet services on criminal compliance matters.
Because data privacy is a global issue, we operate globally.
Many of our clients collect and protect data in Canada, Latin America, Asia and the European Union. Therefore, we regularly meet with international regulators and have developed a specialist network of data protection lawyers in more than 20 countries.
Making your views known to legislators and regulators.
We are in constant contact with policy makers in the United States, where our work has had an impact on privacy and information security laws and regimes such as:
- Bank Secrecy Act and anti-money-laundering rules;
- Behavioral advertising;
- CAN-SPAM ACT;
- Children’s Online Privacy Protection Act;
- Communications Assistance for Law Enforcement Act;
- European Union Data Protection Directive;
- Fair Credit Reporting Act;
- Federal Right to Financial Privacy Act;
- Gramm-Leach-Bliley Act provisions on privacy and security of customer information;
- Health Insurance Portability and Accountability Act;
- IRS information disclosure rules;
- Office of Foreign Assets Control;
- Telecommunications Act;
- USA Freedom Act;
- USA PATRIOT Act;
- Use of Social Security numbers; and
- U.S.-EU Safe Harbor Agreement.
Venable attorneys also help draft and implement self-regulatory programs and standards for trade associations. We are the long-standing privacy counsel to the Direct Marketing Association.
Our combined experience—mastering the intricacies of compliance with a maze of federal laws, defending clients in regulatory actions and guiding the data and privacy aspects of corporate mergers and alliances—enables us to respond quickly when new issues arise in any client’s business.