Cybersecurity & Data Privacy

Preparedness and Regulatory Compliance

Our advisory lawyers counsel clients on compliance with state, federal and international data protection regimes, such as the California Consumer Privacy Act, the federal Health Insurance Portability and Accountability Act and the European Union’s General Data Protection Regulation. We conduct assessments of our clients’ cyber and privacy controls, policies and procedures, incident response plans, insurance policies, and third‑party contracts to help them develop and implement strategies that best meet legal requirements and business needs. Our focus on compliance and preparedness extends to counseling senior executives and boards of directors regarding testing and crisis management strategies, including facilitating tabletop exercises. Our expertise also includes advising clients ranging from public companies and financial institutions to startups on compliance matters related to emerging technologies impacting cyber and privacy, including AI.

Incident Response, Enforcement and Litigation

In the event of a data breach, ransomware attack or other type of cyber incident or cyber‑enabled attack, our team assists companies in coordinating the response; overseeing the work of forensic consultants; conducting internal investigations; advising with regard to notification obligations and disclosures; engaging with regulatory and enforcement authorities; and implementing short- and long‑term remediation plans. Our representations span advising public and private companies across numerous industries, including highly‑regulated industries such as healthcare and financial services, and engaging with state and federal authorities across the United States. And if an incident has a cross‑border response or enforcement dimension, we work seamlessly with our close network of foreign firms to ensure coverage across all jurisdictions. Our preeminent Litigation Department also stands ready to step in and defend our clients vigorously if an incident results in follow‑on class action or shareholder derivative suits.

Corporate

Our corporate lawyers advise on a wide variety of cyber and privacy issues across the spectrum of projects. We collaborate with our leading Corporate Governance and Board Advisory Practice to advise on public company disclosures, and with our premier Corporate Department on issues relating to cybersecurity and personal and proprietary data that arise in Mergers and Acquisitions and other transactions. We work closely with our clients to achieve business objectives, including by conducting cyber and privacy due diligence to surface any issues, structuring and negotiating agreements governing the transfer, use or licensing of data and assisting with post‑closing data integration or separation.

Data Rights

In addition to our robust practice supporting broader corporate transactions, our team routinely handles complex matters for which data is the linchpin of the transaction’s success. Across a wide variety of industries—including biotech, entertainment, fintech, life sciences, software and telecommunications—and jurisdictions, our clients turn to us for guidance as to the creation, protection, acquisition and use of data and technology. We advise on the structuring and negotiation of a wide variety of data- and technology‑related agreements, including data, technology and IP licenses; development agreements; joint venture and collaboration agreements; software and SaaS agreements; manufacturing and supply agreements; distribution agreements; media and content rights agreements; and internal and external privacy policies and notices. With our deep understanding of the legal and technical complexities attendant to data- and technology‑driven transactions, we help our clients develop and adopt business strategies to maximize the competitive advantage of their data and technology portfolios, across all stages of development.

Artificial Intelligence & Machine Learning

We have extensive experience advising with respect to issues arising from AI, ML and automation. Using a holistic approach that addresses intellectual property, cybersecurity, data privacy, competition, ethics and regulatory issues, we counsel clients on responsible AI development and adoption, including compliance with emerging and existing AI regulatory regimes as well as other AI‑applicable regulatory regimes, guiding our clients through the legal and regulatory issues that arise from AI/ML commercialization and use. Our client base represents a cross‑section of the AI ecosystem, and includes market leaders, investors, developers and companies that develop, use or are impacted by AI, no matter the industry. We advise at all stages of AI generation and deployment, including with respect to its acquisition, development, distribution, protection, training and responsible adoption.

Our interdisciplinary team includes former senior officials and lawyers from the U.S. Department of Justice and Securities and Exchange Commission, a former Chief of the National Security & Cybercrime Section of the U.S. Attorney’s Office for the Eastern District of New York and a former Under Secretary of Commerce and Director of the U.S. Patent and Trademark Office, as well as trial attorneys and corporate attorneys with deep experience with a broad range of cyber and privacy issues.

We also regularly contribute to thought leadership on cybersecurity and data privacy, providing client memos, writing for mainstream and industry publications, speaking on panels and hosting seminars and roundtables.