Privacy & Security
Arent Fox is on the cutting edge of cybersecurity and data protection laws and has experience assisting clients with all aspects of privacy, cybersecurity, and data protection. Our group serves clients in regulated spaces such as health care and telecommunications and sophisticated industries including retail, gaming and entertainment, and media.
Arent Fox’s interdisciplinary team of cybersecurity and data protection attorneys handle the full scope of data security and protection issues. We regularly advise clients on how to protect their data at every stage, from advice and counseling to investigations, incident planning and response, litigation, and even securing insurance policies to mitigate risks and liabilities. We work with companies to develop internal security and governance programs; advise businesses on the collection of data in retail locations as well as in online including via social media marketing and e-commerce platforms; and conduct internal investigations in response to critical data breaches. We also work with companies to implement privacy and data security protection by using IT agreements to control data access by their employees, reconfiguring data security when moving IT operations to the cloud, and protecting against cyber risks that can arise from third party IT vendors.
We routinely advise on the biggest trends in privacy and data security such as: handling ransomware incidents; cyber threat and new technology systems; NIST, ISO, PCI-DSS, and other security standards; payment security and mobile payment trends; aggregate and anonymized data collection in advertising; FTC guidance and enforcement; the Internet of Things; cross-border data transfer issues; the EU General Data Protection Regulation (GDPR); health information privacy, security, and breach notification; as well as federal- and state-level regulatory compliance.
Companies transferring data from Switzerland to the US should take note: the Swiss-US Privacy Shield has arrived!
What’s the News?
On January 9, 2017, Presence Health agreed to settle with the U.S. Department of Health and Human Services (HHS) potential violations under the Breach Notification Rule of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). This is HHS’ first enforcement action against a covered entity that reported a breach, but did not do so timely.
Interactive gaming, innovative app development, mobile expansion, new dimensions in AR and VR, and strides in your company's marketing strategy can press the boundaries of the current legal landscape. “Level Up” with Arent Fox as we discuss the legal issues in an intimate discussion that will address three areas that have the most play: advertising, intellectual property, and privacy interests.
What’s the News?
The constant slew of innovations and advancements in smart cars has so far left regulators struggling to define new rules to govern this space. The overlapping jurisdictions of three different agencies - the National Highway Traffic Safety Administration (NHTSA), the Federal Trade Commission (FTC), and the Federal Communications Commission (FCC) – with different priorities have only added to the complexity.
Cybersecurity & Data Protection practice group leader Sarah Bruno will be a featured speaker at the upcoming California Lawyer Cyber Boot Camp: Data Security at the Intersection of Law and Business in Los Angeles. She will address “Incident Response Comes of Age: Not Your Father’s Data Breach Response Playbook,” answering questions such as:
At its monthly Open Meeting on October 27, the Federal Communications Commission adopted, but has not yet released, new privacy rules requiring retail broadband providers to offer consumers more choice over how their personal information is used. Under the new rules, which were approved on a party-line 3-2 vote, the level of consent required from the consumer will be measured against the sensitivity of the data.
ABOUT ARENT FOX LLP
Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.