Proskauer - Privacy & Data Security

Eleven Times Square (Eighth Avenue & 41st Street)
New York, NY 10036-8299, United States

  • 212.969.3000
  • 212.969.2900

Practice/Organization Description

As innovations in technology make it easier to track, collect and process personal information about individuals, companies of all kinds are challenged to manage the way that they use data to both comply with U.S. and non-U.S. laws and to protect such data from unauthorized access. In addition to maintaining compliance in a continuously evolving legal landscape, companies must also contend with industry standards promulgated by a wide array of diverse and sometimes overlapping industry groups. Yet, on a daily basis we hear reports of companies having suffered data breaches, as the data thieves always seem to find a new way to hack, connive or steal sensitive data from the coffers of seemingly secure enterprises. Any company or enterprise that maintains consumer or employee information must be attentive to data protection and take measures to mitigate the risk of loss of the sensitive information in its possession. Ignoring these issues is not an option, as serious legal ramifications and public relations and business problems face companies that do not handle personal information the right way. Our Privacy & Data Security Group has the knowledge and experience to help clients understand and comply with the various laws and standards that regulate the collection, use, sharing and protection of personal data.

We are leaders in this developing area, advising clients on all aspects of compliance, ranging from U.S. federal and state laws, to international laws such as the EU Personal Data Directive, to industry standards. With our help, our clients demonstrate to their customers and investors that they not only comply with the laws that apply to them but they are genuinely concerned with individual privacy and the protection of private individual data.

We have one of the largest privacy and data security groups of any law firm, which Chambers USA says is “very much on top of the law” with a “solid grasp of data protection requirements and particular knowledge of the implications for U.S. companies doing business overseas.”

Areas of Focus

* Consumer and Employee Privacy

* Data Security

* Data Breach Response and Notification

* Identity Theft Risk “Red Flags” and Mitigation

* Online Advertising and Behavioral Marketing

* Data Sharing

* Direct Marketing

* Privacy and Data Security Audits

* Health / Pharmaceutical Privacy

* Financial Privacy

* Children’s Privacy

* Education Privacy

* Telecommunications Privacy

* Cable Privacy

* Utilities Privacy

* Retailer/Point of Sale Privacy

* Payment Card Data Security

* International Privacy Laws

* Data Breach Litigation

* Consumer Protection Litigation

* General Privacy and Data Security Compliance

* Telematics, Mobile and Geolocational Privacy

* Data Retention Policies

Key Representations

* BNY Mellon in putative class actions concerning the loss of computer back-up tapes containing personal information

* A major telecommunications/ISP client in regard to compliance with US state and federal privacy laws and regulations

* Dozens of companies of all types (utilities, insurance companies, media companies, universities, financial services companies, retailers, vendors, etc.) in connection with the Red Flags Rules

* Numerous retailers in connection with point-of-sale consumer data collection, credit card receipt truncation, and payment card security

* An automobile manufacturer regarding geolocational privacy

Read about the latest developments and cases affecting the world of privacy and data security in our Privacy Law Blog

Areas of Practice
  • Art, Entertainment, & Sports Law
  • Criminal Law
  • Education
  • Energy & Utilities
  • Finance & Banking
  • Health
  • International Law & Trade
  • Litigation
  • Privacy
  • Science, Computers, & Tech
Locations
Other U.S. Locations
  • California
  • D.C.
  • Florida
  • Illinois
  • Louisiana
  • Massachusetts
  • New Jersey
  • New York
Other Countries
  • Brazil
  • China
  • France
  • Hong Kong
  • United Kingdom
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