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.

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

Venable is 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. Our participation in the development of best practices provides Venable with unique insights that inform our counseling and defense strategies.

Venable offers sophisticated and pragmatic compliance counseling, deploying creative thinking to shape strategies that enable our clients to use their data assets responsibly. Venable deploys a comprehensive suite of managed privacy services that help clients identify business opportunities and build dynamic privacy programs to strengthen their brands and deepen customer trust. Our team is 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.

In the event of scrutiny from Congress, the Federal Trade Commission (FTC), another federal or state agency, or state attorneys general, we provide a vigorous and efficient defense. Venable attorneys have a strong track record of successfully resolving such matters and achieving positive outcomes. We are well versed in handling privacy and data security litigation across a wide variety of federal and state causes of action. 

We routinely provide crisis management support to clients facing privacy, cyber, and data security incidents of all magnitudes, 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. 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
  • 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 Homeland Security and Governmental Affairs
      • Subcommittee on Investigation
    • 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)
    • 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 – 2024
    • Award for Excellence Shortlist, 2017
  • Chambers Global, 2011 – 2015, 2017, 2022
  • Legal 500, Cyber Law, 2010 – 2024
  • 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.