Knobbe/Martens: Intellectual Property Law

Data Privacy and Security

In today’s hyper-connected world, protecting electronic information and other valuable digital assets has become more critical—and daunting—than ever. Breaches not only seriously affect companies and consumers; they can also expose the affected business to stiff penalties and fines, resulting in a significant loss of revenue and reputation.

Data Privacy and Security team guides clients through this challenging landscape. With more than 45 attorneys and scientists possessing computer science, engineering, and healthcare and regulatory backgrounds, we’re able to quickly assess risks, identify gaps and provide advice on data storage solutions.

Planning and Procedures

Working within a company’s competitive framework, we consider its current data practices, goals and corporate culture. With that knowledge, we can then coordinate data audits and develop data protection policies and notices.

An integral part of our process is helping our clients achieve and maintain compliance with myriad federal, state, and international data protection and security laws, including:

  • Federal Trade Commission (FTC) Act
  • Telecommunications Act and CAN-SPAM (Telecommunications and Marketing)
  • Fair Credit Reporting Act (FCRA) and Gramm-Leach-Bliley Act (GLBA) (Financial Privacy)
  • HIPAA and HITECH (Medical Privacy)
  • Children's Online Privacy Protection Rule (COPPA) (Children’s Privacy)
  • Family Education Rights and Privacy Act (Educational Privacy)
  • European Union Privacy Directives (Protection of Personal Data)

Incident Response

We develop and implement detailed incident response plans in the event of a data breach. These plans encompass a number of issues, including:

  • Advice regarding regulatory framework, including the FTC and FCC, and minimizing risk of unfair or deceptive practices
  • Advice to clients under investigation by federal or state agencies to properly address inquiries and investigations
  • Handling litigation involving data breaches and data protection laws

Industry Expertise

Our inter-disciplinary team of attorneys—many of whom are members of the International Association of Privacy Professionals—is equipped to provide Data Privacy and Security legal services to in the following industries: 

  • Software, Mobile Apps & Information Technology
  • E-Commerce
  • Healthcare Information Technology
  • Financial Services
  • Media & Entertainment
  • Communications Technology

In addition, we conduct extensive educational training to keep our attorneys fully conversant with changing laws in the Data Privacy and Security arena.

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