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Our Information Management Team is a multi-disciplinary group of more than 40 litigation, transactional, intellectual property, communications and regulatory lawyers whose practices connect the legal issues arising from considerations of privacy, data security, software and other information technology, outsourcing, e-commerce, the Internet and social media, cloud computing and records retention and destruction.
We understand the importance to businesses of managing information and related technology throughout its useful life, from creation and development, through procurement, to implementation, maintenance and protection. We provide our clients with transactional expertise, regulatory compliance counseling, intellectual property protection and enforcement, and dispute resolution services. Our lawyers help build brands, avoid regulatory trouble, and protect tangible and intangible information-related assets. We provide advice, input, and a full array of services to help online businesses deal with threats such as phishing, online fraud schemes, digital brand abuse, online piracy, and related online security issues. We also regularly handle and counsel clients in connection with complex e-commerce and sourcing transactions, including hosted services arrangements, technology licensing, SaaS, systems procurement and project implementation, as well as social media, behavioral advertising and a full panoply of privacy and data security issues.
Our lawyers have guided clients through the toughest and most complex problems, transactions and crises, despite sweeping industry, regulatory and legal change. We are committed to educating our clients and providing thought leadership on the issues handled by our Team. We have deep and recognized industry experience and therefore can provide our clients with creative and practical solutions to the complicated information problems that businesses face today. Our industry expertise has been noted by several significant publications, including American Lawyer Media, which recently named Troutman Sanders a "Go-To Law Firm" for leading technology companies.
Our practice regularly involves the following types of engagements:
- Representing dozens of clients across a variety of industries in connection with data breaches ranging in data subjects from less than 100 to more than 1 million , including advice on notification obligations under federal, state and international requirements, and claims assessment and dispute resolution.
- Representing vendors in a variety of contexts, including content providers; software developers; domain name registrars; hardware, infrastructure and network suppliers; outsourcing providers, service bureaus, data warehousers, web developers and e-commerce vendors; and, wireless and mobile commerce providers.
- Advising users in virtually every major industry sector including energy, financial services, transportation, professional services, health care, hospitality, education, government, manufacturing, retail, media and entertainment.
- Representing clients in connection with government and regulatory inquiries, investigations and enforcement actions (particularly by Insurance Commissioners, states attorneys general, and the Federal Trade Commission).
- Compliance counseling regarding all federal, state and privacy and information management laws, regulations and structures, including but not limited to the Gramm-Leach-Bliley Act, the Fair Credit Reporting Act, the Fair and Accurate Credit Transactions Act, the California Security Breach Information Act (and similar state statutes), Massachusetts Regulation 201, the CANSPAM Act, the Health Insurance Portability and Accountability Act, Do Not Call rules, PCI Compliance, the Digital Millennium Copyright Act, the Store Communications Act, the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, the Canadian Personal Information Protection and Electronic Documents Act, the EU Data Protection Directive and the Directive on Privacy and Electronic Communications (as well as EU member state adoptions) and the Hong Kong Privacy Data Ordinance.
- Counseling both users and vendors regarding software, hardware, Internet and technology systems procurement.
- Developing and implementing privacy policies, information security policies, and document retention and destruction polices, as well as more comprehensive Information Management Programs, that are in accordance with controlling law, while recognizing client needs to collect and appropriately use personally identifiable information.
- Implementing IP protection and information management strategies for clients in regard to development of hardware, software, Internet and technology systems.
- Advising online commercial ventures regarding a full range of compliance issues, including social media issue, behavioral advertising and online endorsement rules.
- Assisting clients in online enforcement and brand protection.
- Representing clients in vendor/user, domain name, trademark, copyright, Internet and other technology-related disputes.
- Assisting clients in litigation and dispute resolution, crisis management strategies and response to consumer concerns.
- Advising employers on workplace privacy issues (i.e., background screening, employee monitoring, and video surveillance).
- Assisting clients in mergers and acquisitions in determining privacy and data security controls currently in place and assessing risk.
- Representing financial institutions against alleged wrongful reporting claims under the Fair Credit Reporting Act initiated by consumers who have been allegedly victimized by identity fraud.
- Advising clients in matters implicating the Communications Assistance for Law Enforcement Act.
- Assisting clients in connection with software anti-piracy inquiries, audits and investigations.
- Representing various companies, including financial institutions, in obtaining transfers of domain names and other relief through federal anticybersquatting claims and ICANN administrative dispute resolution proceedings.
- Advising retailers on compliance with state laws regulating the collection of personal identification information from driver's licenses and in connection with credit card transactions.
Click here to see our representative engagements.