Data Privacy

A Matter of Trust

We assist our clients with comprehensive assessments of  their business practices, drafting policies and procedures, creating and negotiating data privacy and security language in contracts and permission documents, preparing online and in-person training modules, negotiating data backup and hot site agreements to protect data in the event of an 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. We also have extensive experience with e-discovery and social media issues in the law, and counsel clients with respect to social media use, social media policies, privacy terms and conditions, and data collection practices.  

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 to data privacy and security, including the 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 our in-depth 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 and a more efficient flow of information.

Privacy Class Actions

The heightened concern regarding compliance and liability in consumer data and online marketing has led to an increased demand for data privacy litigators who have a proven track record of swift resolutions and across-the-board victories achieved through early negotiation and dismissal, summary judgment without class discovery, defeating class certification, and negotiating favorable settlements.

Blank Rome’s data privacy litigators make winning in and out of court the fundamental priority in all of our cases. We defend clients in state and federal courts across the nation against claims alleging violations of federal and state statutory and common law consumer privacy, communications, credit reporting, and related laws.

We have defended against numerous multidistrict nationwide federal class action privacy claims brought under the following:

  • Telephone Consumer Protection Act (“TCPA”)
  • Fair Credit Reporting Act (“FCRA”)
  • Stored Communications Act (“SCA”)
  • Fair Debt Collection Practices Act (“FDCPA”)
  • Related state statutes, most notably California’s Invasion of Privacy Act (“CIPA”) covering the recording of consumer-facing telephone calls
  • Statutory invasion of privacy

Complementing this litigation and trial experience is our attorneys’ extensive knowledge of every major privacy regulation, including the Gramm Leach Bliley Act, HIPAA, and analogous state laws.

Our clients represent every regulated industry subject to data privacy regulation and include credit bureaus, insurance companies, banks and other financial institutions, cable companies, pharmacies, solar companies, consumer information trade associations, debt-collection companies, marketing companies, Internet-based companies, social media and other Internet service providers, and other businesses that use consumer information.

To learn more about our privacy class action capabilities, please click here.