Blank Rome LLP

In recent years, privacy and security have taken center stage in many industries. A thorny network of privacy and security laws govern the use, disclosure and safekeeping of personally identifiable information and impact the core of business success and failure with an ever-increasing enforcement focus.

Our attorneys routinely provide legal counsel to clients engaged in activities that may raise privacy and security concerns, including general online business, managing cardholder data, healthcare analytics, behavioral and targeted advertising, telemarketing, mass email campaigns, clinical research, consumer marketing, or human resources management, among others. We also represent clients that partner with such businesses and need access to such data as part of their partnership, as well as lenders and private equity firms that interface with these companies, including business associates. 

We assist  clients with comprehensive assessments of  business practices, drafting policies and procedures, creating and negotiating privacy and security language in contracts and permission documents, preparing on-line and in-person training modules, negotiating data backup and hot site agreements to protect data in the event of emergency, assisting with security protocols and audits of security practices, responding to security incidents and breaches, management of consumer complaints and responding to government inquiries. 

Blank Rome helps its clients navigate the confusing, complicated and often conflicting landscape presented by today’s web of state, federal and international privacy, security, and confidentiality laws and requirements, including:

• Federal Trade Commission Act and State unfair practices laws
• Health Insurance Portability and Accountability Act (HIPAA)
• Health Information Technology for Economic and Clinical Health Act (HITECH)
• Security breach notice laws
• Federal Education Rights And Privacy Act (FERPA)
• Red Flag Rule under the Fair and Accurate Credit Transaction Act
• Children’s Online Privacy Protection Act (COPPA)
• Fair Credit Reporting Act (FCRA)
• Bank Secrecy Act
• State laws relating privacy and security, including use of prescription data (see our amicus brief to the United States Supreme Court on behalf of numerous state biotech organizations in Sorrell v. IMS Health Inc.)
• State trade secrets legislation
• State health and insurance laws and regulations
• Electronic Communications Privacy Act
• European Union Data Protection Directive and the Safe Harbor

In addition to experience with the law, our attorneys understand our clients’ business models and how they use information and aggregated data to generate revenue, enabling us to provide our clients with practical solutions, with the goal of enabling information flow.

Cybersecurity

Blank Rome’s multidisciplinary team of attorneys advises clients on compliance with privacy and security laws, complex civil litigation, intellectual property rights, government relations and investigations, and corporate governance across many diverse industries including financial services, energy, healthcare, and technology companies.  By partnering with trusted technical security experts, we assist our clients in protecting their property and reputations from the unprecedented challenges that cybercrime presents, while preserving the legal advantages of attorney/client privilege.  To learn more about our cybersecurity capabilities, please click here.