Medical Privacy Laws and Regulations, including the Health Insurance Portability and Accountability Act (HIPAA) as amended by the Health Information Technology for Economic and Clinical Health (HITECH) Act, and the corresponding privacy and security regulations adopted by the U.S. Department of Health and Human Services.
Consumer Protection Laws, including federal statutes, such as the Federal Trade Commission (FTC) Act, Fair Credit Reporting Act (FCRA) and its Fair and Accurate Credit Transactions Act (FACTA) amendment, Children’s Online Privacy Protection Act (COPPA), Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 (CAN-SPAM), and Telephone Consumer Protection Act (TCPA), as well as state statutes, such as security breach notice laws; state unfair and deceptive trade practices acts; and state-level analogs to the FCRA, TCPA, and similar federal statutes.
Financial Privacy and Bank Secrecy Laws and Regulations, including the Gramm-Leach-Bliley Act (GLBA) and its Safeguard Rule, FFIEC Cyberassessment Tool, FACTA Red Flag Rules, Right to Financial Privacy Act (RFPA), Bank Secrecy Act, and PATRIOT Act, including establishing information security and protection procedures and information security and privacy policies.
Litigation, in federal and state courts, in data breach and other privacy-related litigation, such as FACTA, FCRA, TCPA, GLBA, unfair or deceptive trade practices, and other statutory and common law claims, on both an individual and class action basis.
Our team further counsels clients in a diverse array of industries on online advertising and marketing; data-sharing programs; direct marketing relationships; privacy and data security program assessments and reviews (including NIST and FFIEC); payment card data security; online and electronic transactions; contracting and disclosures; data retention policies; joint marketing and service provider agreements; and social media, BYOD, and email policies and training.