Nixon Peabody’s multifaceted Data Privacy & Cybersecurity team collaborates globally to advise companies of all sizes and industries across the full spectrum of privacy and security issues facing them on a daily basis, including compliance, incident and breach response, litigation and regulatory enforcement, and transactions.
We advise companies on:
Our team advises clients in various industries, including financial services, health care, marketing, retail, and education, on the myriad of international, federal, and state data privacy and cybersecurity laws and regulations regarding the collection, use, disclosure, and security of personal information.
We have prepared proactive data breach policies and response plans and have handled hundreds of sensitive security incidents for clients in various industries, including health care, financial services, marketing, retail, and technology.
We handle disputes, including class actions and other litigation and arbitrations resulting from data breaches, regulatory enforcement actions (by the Department of Justice, Federal Trade Commission (FTC), Office for Civil Rights (OCR), and state attorneys general), and consumer privacy litigation involving federal and state statutes, such as the TCPA, Fair Credit Reporting Act (FCRA), Federal Debt Collection Practices Act (FDCPA), Biometric Information Privacy Act (BIPA), and those involving unfair and deceptive trade practices.
The JustPod (ABA podcast) | January 06, 2021
Data Privacy & Cybersecurity practice group leader and Los Angeles Government Investigations & White Collar Defense partner Jason Gonzalez is feature as a guest on this podcast episode discussing cybercrimes around the January 6th attack on the Capitol, in addition to technology investigative tools and privacy.
The New IT Podcast | December 02, 2020
Data Privacy & Cybersecurity deputy team leader and Rochester associate Jenny Holmes appears as a guest in this tech-focused podcast to discuss her outlook and best practices on cloud computing, putting together an incident response plan, and the Privacy Shield.
Rochester Business Journal | November 06, 2020
Data Privacy & Cybersecurity deputy leader and Rochester associate Jenny Holmes contributed this article analyzing the European Court of Justice’s recent invalidation of the Privacy Shield and its impact on data flows between the US and the EU. This article was co-developed with Los Angeles partner Jason P. Gonzalez and Boston associate Troy K. Lieberman, both from the Data Privacy & Cybersecurity team.
Rochester Business Journal | October 23, 2020
The following article in Rochester Business Journal’s special report on Cybersecurity quote Data Privacy & Cybersecurity deputy team leader and Rochester associate Jenny Holmes for her insights on state, federal and international cybersecurity laws, and legal best practices on selecting a cloud computing service provider and putting together an incident response plan.
Rochester Business Journal | October 23, 2020
The following article in Rochester Business Journal’s special report on Cybersecurity quote Data Privacy & Cybersecurity deputy team leader and Rochester associate Jenny Holmes for her insights on state, federal and international cybersecurity laws, and legal best practices on selecting a cloud computing service provider and putting together an incident response plan.
Rochester Business Journal | September 04, 2020
In this article on the most common COVID-related issues that businesses and companies are seeking legal help for, Data Privacy & Cybersecurity deputy leader Jenny Holmes and Complex Commercial Disputes associate Eric Ferrante, both in Rochester, are quoted for their outlook on cybersecurity best practices, force majeure clauses, and rent concerns from both landlords and tenants.
Boston Business Journal | July 30, 2020
Boston Intellectual Property associate and deputy leader of the Data Privacy & Cybersecurity practice group Troy Lieberman was featured in a Q&A for his outlook on facial recognition technologies in light of Boston Mayor Martin Walsh recently signing into law a ban on government use of these technologies in the city.
Law360 | July 29, 2020
San Francisco office managing partner and Corporate partner Karen Ng was quoted in this article for her outlook on the federal government’s interest in Howard Jarvis Taxpayers Association v. California Secure Choice Retirement Savings Program, and the rise in ERISA privacy and cybersecurity lawsuits in Harmon et al. v. Shell Oil Co. et al.
Behavioral Healthcare Executive | July 22, 2020
This story features New York City Health Care associate Jena Grady for her outlook on the Department of Health & Human Services’ Substance Abuse and Mental Health Services Administration’s final rule to 42 CFR Part 2 relating to substance use disorders.
Law360 | July 16, 2020
This article includes commentary from Chicago Complex Commercial Disputes partners John Ruskusky and Seth Horvath on some of the most noteworthy Illinois decisions thus far in 2020. John discusses a decision related to the Illinois Biometric Information Privacy Act, while Seth comments on a decision regarding parents suing paint makers for children’s lead test costs, as well as a ruling on a record destruction provision in the Chicago police union contract.
Modern Healthcare | March 12, 2020
Chicago Health Care partner Valerie Breslin Montague talks about how hospitals can remain in compliance with HIPAA while executing an effective crisis communications plan related to the coronavirus outbreak.
The American Lawyer | February 05, 2020
This article features Chicago Complex Commercial Disputes partners John Ruskusky and Richard Tilghman analyzing Facebook’s recent $550 million settlement in a class action suit alleging violations of Illinois’ Biometric Information Privacy Act.
Massachusetts Lawyers Weekly | January 23, 2020
This article mentions Manchester Complex Commercial Disputes partner Dan Deane and Boston Complex Commercial Disputes associate Troy Lieberman, who earned a favorable ruling on behalf of defendant Boston Scientific in a class action suit alleging violations of the Telephone Consumer Protection Act.
Rochester Business Journal | January 17, 2020
In his latest monthly column, Rochester Corporate partner Jeremy Wolk analyzes a recent action by the Federal Trade Commission to crack down on VoIP providers who turn a blind eye to their clients’ unlawful telemarketing practices. Washington, DC, Complex Commercial Disputes associate Brian Donnelly and Rochester Complex Commercial Disputes associate Zach Osinski contributed to the article.
Rochester Business Journal | November 29, 2019
Rochester Corporate associate Jenny Holmes talks to the Rochester Business Journal for their special report on the impact of the California Consumer Privacy Act, which goes into effect January 1. Jenny anticipates that companies will have to comply with the strictest state law on the books if Congress does not pass a federal law.
Rochester Business Journal | November 15, 2019
In the latest installment of his monthly column, Rochester Corporate partner Jeremy Wolk analyzes state-level legislation aimed at enhancing consumer privacy rights and protections, similar to the European Union’s General Data Protection Regulation. Rochester Corporate associate Jenny Holmes contributed to the column.
Rochester Business Journal | October 25, 2019
Jenny Holmes, Nixon Peabody associate, is quoted in this article about the trend of rising costs for cybersecurity protection.
Providence Business News | September 26, 2019
Providence Complex Commercial Disputes partner Steven Richard is quoted in this article about how more Rhode Island businesses are purchasing insurance to protect against the fallout from potential data breaches.
Boston Globe | July 16, 2019
In this story, Rochester Corporate associate Jenny Holmes discusses privacy concerns raised by employers who are leveraging wearable devices such as fitness trackers to learn more about workplace productivity.
Bloomberg Law | June 11, 2019
San Francisco Complex Commercial Disputes partner Karl Belgum wrote this contributed article explaining that businesses need to perform a self-assessment of the risks of automated customer contact, given the FCC’s failure to clarify the scope of the Telephone Consumer Protection Act.
Buffalo Business First | June 10, 2019
In this article, Buffalo Complex Commercial Disputes counsel Ben Dwyer discusses how Canada’s approach to data privacy differs from the United States’, and how that impacts cross-border sharing of consumers’ personal information.
Providence Business News | April 26, 2019
Providence Complex Commercial Disputes partner Steven Richard authored this column about ransomware attacks and how businesses should respond, including considering whether the ransomware attack is reportable or subject to notification requirements.
Retail Environment | February 07, 2019
Chicago Complex Commercial Disputes partner Rich Tilghman authored this article about how legal trends related to data protection and monetization, ADA accessibility, and leasing will impact retailer strategies.
Rochester Business Journal | January 25, 2019
Rochester Corporate partner Jeremy Wolk wrote this contributed column analyzing a lawsuit filed against Facebook in Washington, DC, alleging violations of state-level consumer protection laws by the social media company. This article incorporates perspective from an alert written by Washington Complex Commercial Disputes associate Brian Donnelly, Rochester Corporate associate Jenny Holmes, and Los Angeles Government Investigations & White Collar Defense associate Karina Puttieva.
Los Angeles/San Francisco Daily Journal | January 23, 2019
Los Angeles Government Investigations and White Collar Defense partner Jason Gonzalez and associate Karina Puttieva co-wrote this contributed article identifying issues with the “remarkably unclear” California Consumer Privacy Act, a measure passed last year that regulates large businesses businesses who buy, sell or share consumers’ personal information.
Law360 | November 13, 2018
Boston Intellectual Property associate Troy Lieberman is quoted in this article looking at possible FCC changes to the definition of “autodialer” in regard to the Telephone Consumer Protection Act.
Law360 | September 05, 2018
This article mentions Complex Commercial Disputes partners Chris Mason, Sarah André, Dan Deane and Seth Horvath as counsel for The New York Bar Foundation and The New York State Bar Association in an amicus brief—filed with the United States Supreme Court—in support of the approval by a California District Court, and the Ninth Circuit, of Google’s settlement involving a “cy pres” remedy in a privacy-related case.
Confero | June 30, 2018
Rochester Corporate group associate Jenny Holmes contributed this article to the quarterly magazine for Westminster Consulting, discussing why benefit plans are inviting targets for would-be data thieves, and what plan administrators need to do to protect personal data.
Rochester Business Journal | June 07, 2018
Rochester corporate group partner Jeremy Wolk and associate Jenny Holmes co-wrote this contributed article on the introduction of the General Data Protection Regulation, “a set of tougher rules designed to give European Union citizens more control over their personal data.” The regulation applies to all organizations, regardless of location, that handle the personal data of EU citizens.
Partner
Co-leader, Intellectual Property
Leader, Data Privacy & Cybersecurity
Phone: 617-345-1318
Deputy Co-leader, Data Privacy & Cybersecurity
Phone: 585-263-1494
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