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Practice Overview

Overview

Baker Donelson advises clients on a full array of legal and business issues associated with data protection, privacy and cybersecurity.

Our team of more than 30 data protection, privacy and cybersecurity attorneys, including lawyers with Certified Information Privacy Professional (CIPP) and Certified Information Systems Security Professional (CISSP) certifications, counsels clients throughout the world.

Privacy. Laws and regulations governing how information can be used get more complex every day. Our lawyers counsel clients on privacy issues and compliance programs for Child Pornography Prevention Act (CPPA), Fair Credit Reporting Act (FCRA), behavioral advertising and a myriad of other regulatory schemes such as Health Insurance Portability and Accountability Act (HIPAA) and the Gramm-Leach-Bliley Act (GLB).

Information security. We advise clients on managing risk by developing and implementing policies, procedures, standards, baselines and guidelines to manage privacy, security and compliance issues. We collaborate with clients to design and implement risk management plans and programs, including security incident response plans, information privacy and security compliance plans, and business continuity and disaster recovery plans.

Data incident and breach response. When incidents arise, we provide real-time legal and technical advice 24/7/365. We advise on conducting internal investigations as well as communication with affected parties, regulators and law enforcement. We also advise on incident preparedness strategies.

Insurance. Increasingly, companies are turning to insurance products and services as part of managing risk and losses associated with data and/or security breaches. We advise both insurers and insureds on the legal issues associated with insurance products related to privacy, data security and cybersecurity.

Transactions. Whether collaborating with a vendor or pursuing a merger, acquisition or joint venture, it is essential that businesses address data security, privacy, cybersecurity and related compliance issues early and adequately. We advise clients on a full array of transactional issues, including contract review and preparation, due diligence, gap analyses, integration and interoperability issues, negotiation of appropriate representations and warranties, and transferability of information under international, federal and state laws and regulations.

Regulatory investigation and litigation. We advise clients in responding to federal and state investigations and preparing for litigation arising from claims associated with privacy violations, data breaches and related technology failures.

E-discovery. Members of our team advise clients on creating and implementing document retention and destruction programs, including processes consistent with e discovery rules.

Representative Matters
  • Assisted a consulting client with compliance with U.S. privacy laws.

  • Assisted multiple clients with website terms of use and privacy policies.

  • Represented a technology company in dealings with the Federal Trade Commission arising out of a computer hacking incident leading to possible dissemination of personal information.

  • Provided compliance advice on the Health Insurance Portability and Accountability Act (HIPAA).

  • Successfully defended numerous providers through HIPAA breaches and personal data security breaches and the corresponding federal and state law requirements and investigations; served as regulatory counsel in privacy lawsuits.

  • Co-authored 700 pages of policies and procedures, presented lectures at statewide hospital training conferences and conducted daily help-line services for a hospital association's HIPAA Privacy and Security Compliance Program.

  • Represented multiple data exchange companies in a variety of industries, including telecom and utilities, in a broad range of issues related to permissible use of data and collection practices.

  • Assisted multiple clients with preparation of comprehensive privacy and security programs.

Publications
In the News

There is almost zero technology in most law firms. Baker Donelson is truly distinguished because of their BakerManage platform. They are using technology in a way that improves the practice of law and they are able to deliver better service because of it.

General Counsel at one of the world's largest independent claims management companies

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