Bingham’s Privacy and Security Group is multidisciplinary, helping clients understand, comply and litigate the complex array of data protection and privacy laws, regulations and standards. The group is made up of more than 65 lawyers including:
- Former Department of Justice and U.S. Attorneys who work with federal, state and local governments; provide counseling and crisis management; and prosecute and defend litigation
- A former SEC chairman, former FTC lawyers, former attorneys general and former governors of California and New Hampshire who work directly with lawyers and staff from the Federal Trade Commission and state attorneys general
- Former government counsel who previously served as senior committee staff in the federal government, such as the chief of staff for a senior member of the House; the assistant to the president, cabinet secretary, director of legislative affairs; and the assistant counsel to the Senate Watergate Committee
- Former general counsel and senior in-house counsel to major corporations (e.g., Bank of America, Oracle, Charles Schwab, Apple, eBay) who oversaw privacy and data security issues
Covering a Broad Spectrum of Privacy Regulations
We assist clients with compliance and litigation issues related to state, federal and international privacy laws and regulations, including the following:
- Marketing regulations such as the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule and junk email laws, including the CAN-SPAM Act
- Mobile advertising regulations
- The Children’s Online Privacy Protection Act (COPPA)
- European Union Data Protection and Telecommunications Acts, including the United States-European Union Safe Harbor Program
- Financial regulations such as the Fair Credit Reporting Act (FCRA), the Fair and Accurate Credit Transactions Act (FACTA), and the Gramm-Leach Bliley Act
- Federal Trade Commission Act
- FERPA
- FOIA
- FTC and Industry Online Behavioral Advertising Guidance
- Healthcare-related privacy issues such as HIPAA and the HITECH Act
- Right to Financial Privacy Act
- Computer crime laws including the Computer Fraud and Abuse Act, the Electronic Communications Privacy Act, and the Stored Communications Act
- Privacy policies and terms-of-use policies
- USA Patriot Act
- Data security laws including Massachusetts’ Data Security Regulations, California’s data security statutes, the FTC Red Flags Rule, PCI Security Standards and state data security breach notification laws
We provide this assistance in connection with:
- Children and teen privacy issues
- Document retention
- Contests and promotions
- Financial privacy
- First Amendment
- International data transfer
- Information security
- Medical privacy
- Online fundraising
- Online marketing
- Social networking
- Public records access
- Workplace privacy
- Vertical media
Compliance Assistance
With our experience, resources and perspective, we provide support and counsel related to privacy compliance, risk and liability associated with unintended data loss or other unwanted privacy breaches.
We also advise clients on the implementation of protocols with relevant law enforcement and other government authorities. Our approach integrates the valuable perspective of former state and federal prosecutors on our team who have served on “the other side of the table.” Combining this background with that of our business lawyers, our team delivers comprehensive and pragmatic advice on a broad range of issues.