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Data Privacy & Cybersecurity



Businesses and organizations of all sizes and industries are facing increased threats to their data stewardship on the one hand, and constantly evolving regulatory requirements and growing prosecutorial regimes on the other. And it’s only getting more challenging.

Our approach

Our Data Privacy and Cyber Security team provides counsel on threat prevention and mitigation in the context of your key business drivers: Intellectual Property, Financial/Fiduciary, Regulatory/Compliance, Operational, Growth/Opportunity, Strategy, Human Capital and Reputation/Brand.

We employ an integrated approach focused on 1) preventing attacks through proactive mitigation programs; 2) monitoring and detecting potential cyber risks; and 3) responding to breaches and other adverse events. We customize our Data Privacy and Cyber Security services to your business—size, industry, technologies, stakeholders, and compliance regimes.

Our platform starts with your business needs and “ends” with an intense focus on helping you “get back to business” and drive enterprise value. It’s a comprehensive, business-minded, intelligent approach to managing, mitigating and responding to cyber threats.

Trends we’re watching in 2016–17

  • Business leaders (not just IT departments) will be increasingly held directly accountable for data privacy controls and response to breaches.
  • Incident response plans will need to consider how to instantly email those affected and reset user passwords on a massive scale.
  • Wearable technologies and internet of things (IoT) will continue to proliferate, expanding the number of access points to and vulnerability of Protected Health Information (PHI) and other sensitive data.
  • Terms of Service and vendor agreements will increasingly require provisions to mitigate liability and protocol for privacy matters.
  • Employees will continue to be the biggest threat to cyber security, predominantly through negligence, requiring increased security training programs.
  • State-level regulations will increase, providing a patch-work of data privacy and breach laws, making compliance increasingly difficult.
  • Consumers will increasingly reach “data breach fatigue,” taking less action to protect themselves, requiring businesses to re-think their pre- and post-breach communications.
  • Commercial drone use will continue to proliferate, putting some companies under both aviation and privacy regulations for the first time.

Who we work with

  • All businesses, organizations and government entities that collect, transmit or store sensitive or personally identifiable information
  • All industries including technology, health care, finance, infrastructure, defense, energy, big data, social media, data storage and professional services
  • Companies using mobile apps, websites and social media. Whether communicating with, collecting information from, advertising to or doing business with clients and customers, they and others are impacted by the Telephone Consumer Protection Act (TCPA) and the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM)
  • Health care providers, insurance companies, pharmacies, clearinghouses, business associates and others impacted by the Health Insurance Portability and Accountability Act (HIPAA), the Health Information Technology for Economic and Clinical Health Act (HITECH) and the Omnibus Rule
  • Those who market goods or services to children under the age of 13 and others impacted by the Children’s Online Privacy Protection Act (COPPA)
  • All companies that receive and store the personal financial information of their clients and customers, and others impacted by the Gramm-Leach-Bliley Financial Services Modernization Act (GLBA) and state data security laws
  • Law firms, accounting firms and other professional advisors working with sensitive client information
  • Law enforcement agencies

Recognition

  • Recognized by Chambers USA as a nationwide leader in the Field of Privacy Law

Representative experience

  • Defended a client in litigation involving the theft of 1.7 million patient records
  • Provided emergency response and compliance strategy for clients following the theft or loss of large amounts of sensitive information. Recent examples include:
    • A lost laptop containing the personal information of over 11,000 individuals from 31 different states
    • Website hacking incident involving the personally identifiable information of over 3,000 individuals
  • Represented numerous clients in privacy violation investigations by the Office for Civil Rights and state regulatory entities
  • Provide ongoing privacy and security counsel to a large utility
  • Counseled a pharmaceuticals company in corporate privacy and security issues and provided worldwide employee privacy training
  • Built enterprise-wide privacy and security framework for startup companies in the health care industry, municipalities and large corporations
  • Assisted clients with their applications for “safe harbor” under the Federal Communications Commission (FCC)
  • Developed and implemented website privacy policies and terms and conditions of use for a variety of clients in diverse industries

      DC Circuit Delivers Relief, but Not Clarity, with TCPA Ruling

      Law360 | March 16, 2018

      Boston IP litigation associate Troy Lieberman is quoted in this article explaining how the DC Circuit Court’s ruling on the FCC’s telemarketing rules will provide some relief for businesses.

      PREVIEWS FROM THE INDUSTRY: Hospital Operations

      Modern Healthcare | January 01, 2018

      In this round-up of health care industry predictions for 2018, Chicago health care partner Valerie Montague provides an outlook on the future of cybersecurity in health care.

      Three shady—and all too common—things that digital health startups do to make money

      CNBC | November 17, 2017

      Los Angeles health care partner Jill Gordon, who this article identifies as a “top lawyer” in the digital health space, provides in-depth commentary regarding the three common practices she’s seen among health technology startups that may violate medical regulations and what companies should be aware of to avoid costly penalties.

      Aetna's HIV lapse shows snail mail's privacy pitfalls

      Law360 | August 25, 2017

      Chicago health care partner Valerie Montague is quoted in this article about how Aetna Inc.’s mailed letters to policy holders regarding prescriptions for HIV drugs violated the Health Insurance Portability and Accountability Act.

      Improper robocall consent revocation lets Kohl’s off the rack

      Bloomberg BNA | August 18, 2017

      In an article about a class action complaint against Kohl’s Department Stores, Boston IP litigation associate and TCPA team co-leader Troy Lieberman is quoted on opt-out mechanisms for consumers.

      What businesses need to know about the Internet of things

      WJAR-TV (Providence NBC affiliate) | July 13, 2017

      Providence commercial litigation counsel Steven Richard is interviewed in this television segment about what steps companies can take to better secure their data and be less vulnerable to hacking.

      Failure to respond dooms robocall lawsuit against tech university

      Bloomberg BNA | June 05, 2017

      Manchester commercial litigation partner Dan Deane is quoted in this article about a matter involving a Telephone Consumer Protection Act (TCPA) case against Colorado Technical University.

      The uncertain future of the TCPA in the Trump era

      Bloomberg Law | May 08, 2017

      Manchester commercial litigation partner Dan Deane and New York City commercial litigation associate Paul Williamson contributed this article addressing the ways in which the Trump administration may affect the TCPA.

      Read fine print on learning apps, experts warn

      Education Week | March 28, 2017

      Chicago IP litigation associate Jason Kunze is quoted in this article about safeguarding student data privacy in online educational apps.

      Before acquiring a firm, check its cybersecurity setup

      Rochester Business Journal | March 17, 2017

      Rochester private equity and investment funds partner Jeremy Wolk and labor and employment associate Jenny Holmes co-authored this column about cybersecurity due diligence.

      Cyberthreats looming

      Providence Business News | March 17, 2017

      Providence commercial litigation counsel Steven Richard authored this column about the types of evolving cyber threats facing businesses and consumers.

      Employees' smartphones threaten company security

      Rochester Business Journal | January 20, 2017

      Chief Information Officer Mike Green and Rochester labor and employment associate Jenny Holmes are quoted in this article about data protection issues surrounding bring your own device policies.

      HIPAA spotlight: key stats from a banner year

      Law360 | January 17, 2017

      This article recaps HIPAA stats and highlights from the past year. Chicago health care partner Valerie Montague is quoted throughout discussing privacy breaches and how health care organizations react.

      No immunity from cyberattacks and data breaches in 2016 and beyond

      Rochester Business Journal | January 13, 2017

      Rochester private equity and investment funds partner Jeremy Wolk and labor and employment associate Jenny Holmes co-authored this column about cyber security. The column provides an overview of the risks and potential legislative changes that could help small businesses and tips for creating a privacy policy.

      Limited privacy of donor information in New York

      Rochester Business Journal | October 17, 2016

      Rochester Private Equity & Investment Funds partner Jeremy Wolk and Washington DC M&A and Corporate Transactions partner Mike Cooney authored this column about privacy issues surrounding charitable donors in New York.

      Clinton and Trump and Robocalls, Oh My

      Bloomberg Law | July 15, 2016

      This feature story looks what political campaigns should know about robocalls. Boston IP litigation associate and TCPA practice co-leader Troy Lieberman discusses the apparent lack of FCC enforcement actions against political campaigns.

      Ransomware is Rampant & Your Risk Analysis Might Save You

      Health Information Compliance Alert | June 01, 2016

      Providence commercial litigation counsel Steven Richard is quoted in this article focused on the results of a new study highlighting a new trend toward specialized data breach insurance policies.

      The Risk of Data Misuse by Health Care Co. Employees

      Law360 | May 25, 2016

      Government Investigations & White Collar Defense partner Tina Sciocchetti, health care partner Laurie Cohen and commercial litigation associate Michal Ovadia co-authored this column discussing the risks companies that collect or maintain sensitive personal information face when a rogue employee compromises data security.

      6 Ways to Be a Go-To Firm for HIPAA Compliance

      Law360 | April 29, 2016

      Chicago health care partner Valerie Breslin Montague is included in this piece that looks at how attorneys are dealing with increasing Health Insurance Portability and Accountability Act (HIPAA) penalties and audits.

      Cybersecurity Best Practices for Senior Bank Management

      Bloomberg BNA Banking Report | March 21, 2016

      Chicago partner Susan Feibus authored this column about important considerations for financial institutions to take in terms of policies and procedures that address the cyber threat environment and resilience to cyber attacks.

      Nixon Peabody Adds DOJ Vet to White Collar Group

      Law360 | March 02, 2016

      This feature story highlights the arrival of Government Investigations & White Collar Defense partner Tina Sciocchetti.

      Should Apple Release its Data to the FBI?

      WJAR-TV (Providence NBC affiliate) | February 26, 2016

      Providence commercial litigation counsel Steven Richard is interviewed in a segment about the battle between Apple and the FBI about the potential access to user data.

      Cyber Resolutions for 2016

      Providence Business News | February 08, 2016

      Providence Commercial Litigation counsel Steven Richard authored this column discussing steps organizations can take to promote a data secure environment.

      Enact Security Policy to Avoid Legal Woes after a Breach

      Rochester Business Journal | January 22, 2016

      Rochester Commercial Litigation associate Kate Martinez is quoted in this story about cybersecurity. Her commentary focuses on the evolving laws around data privacy and their increasing complexity.

      Shaq Must Defend Lawsuit After Posting Insulting Tweet

      Bloomberg BNA Social Media Law & Policy Report | January 20, 2016

      Providence Commercial Litigation counsel Steven Richard is quoted in this article about how the right of publicity affects social media use.

      What Banks Should Fear In 2016

      Legal Bisnow (DC) | January 08, 2016

      This piece, which describes the need for financial institutions to prepare for heightened regulatory scrutiny of their cyber preparedness, features commentary from Susan.

      Can Government Force Private Companies to Decode Encrypted Messages for Law Enforcement?

      Law360 | November 24, 2015

      Susan authored this column discussing whether the government can force private companies to decode encrypted messages for law enforcement.

      Business Lunch: Data Privacy

      WJAR-TV | November 19, 2015

      In this live, in-studio segment, Providence Commercial Litigation counsel Steven Richard, a member of our Data Privacy & Cybersecurity team, discusses key data privacy and security issues.

      Lawsuits against Excellus, claims of fraud mount

      Democrat and Chronicle | November 08, 2015

      Rochester Commercial Litigation associate Kate Martinez, a member of the firm’s Privacy and Data Protection team, provides third-party commentary in this article on the legal challenges facing a leading health insurer following a hack that led to access to personal information of 10.5 million current and former customers and vendors.

      Safe Data Starts at Top

      Providence Business News | November 02, 2015

      Providence Commercial Litigation counsel Steven Richard, a member of our Data Privacy & Cybersecurity team, authored this column discussing how data security poses a paramount strategic concern and why proactive leadership at the highest organizational levels is required.

      Call Me Unconstitutional: Hang-Up for SC's Robocall Law

      Law360 | September 16, 2015

      Providence Commercial Litigation counsel Steve Richard authored this column discussing developments in and results of a court decision regarding a political consultant’s First Amendment challenge to South Carolina’s anti-robocall statute.

      New Identity Theft Protection Law Receiving Mixed Reviews

      Rhode Island Lawyers Weekly | August 31, 2015

      Providence Commercial Litigation counsel Steven Richard is quoted in this article discussing the Identity Theft Protection Act, which governs the steps businesses and other entities must take to prevent the theft of personal information like Social Security and credit card numbers.

      Commentary: Identity-theft law stronger

      Providence Business News | July 06, 2015

      Providence Commercial Litigation counsel Steven Richard authored this guest column discussing the Rhode Island Identity Theft Protection Act of 2015.

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      Contacts

      Jason P. Gonzalez

      Partner
      Practice Group Leader, Data Privacy & Cybersecurity

      jgonzalez@nixonpeabody.com

      Phone: 213-629-6019

      Laurie T. Cohen

      Partner

      lauriecohen@nixonpeabody.com

      Phone: 518-427-2708

      Valerie Breslin Montague

      Partner

      vbmontague@nixonpeabody.com

      Phone: 312-977-4485

      Christopher P. Keefe

      Partner
      Deputy Practice Group Leader, M&A and Corporate Transactions Group

      ckeefe@nixonpeabody.com

      Phone: 617-345-1350

      View All Contacts

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