Bingham

Bingham

Privacy and Security

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

Experience

  • Auto Parts Retailer — Represented a Fortune 500 company auto parts and accessories retailer in a multi-state data breach in obtaining a dismissal of the matter, in which credit card, debit card and check information was accessed by unauthorized computer hackers. Handled Federal Trade Commission and multi-state Attorney General and other law enforcement notifications and inquiries; worked with the company to identify and isolate the network intrusion; worked with the company and third-parties to identify customers and make customer notifications; assisted the company in its preparation of a press release and other internal and external communications and disclosures; and provided advice regarding responses to media inquiries. To date, no government enforcement action has been taken.
  • Financial Services Company — Advised an American multinational financial services corporation in connection with certain complex aspects and implications of Massachusetts’ data breach statute — the strictest in the nation — in connection with multiple hacker intrusions into customer accounts
  • Quicken Loans — Secured dismissal from a class action of California consumers for alleged unlawful call recording in violation of California’s Invasion of Privacy Act. The dismissal was filed while Quicken Loans’ motion to dismiss was pending.
  • IKON Won dismissal of privacy and security-related claims in consumer class action in Connecticut
  • Confidential Client — Advised confidential client on legal, regulatory and business issues concerning federal and state privacy, data security and consumer protection laws and regulations. Prepared analysis of potential class action liability and related legislative inquiries, and provided related advice and counsel on applicable privacy policies, terms of use, commercial contracts and advertising materials.
  • RR Media — Represented in defense of first case brought under Michigan’s Children’s Protection Registry Act, and one of the first cases of its kind in the country. The case settled favorably.
  • JP Morgan Chase Bank — Obtained dismissal for JPM in a putative class action alleging violations of California privacy laws by recording outbound calls to customers without providing notice or gaining consent
  • Confidential Client — Represented client with respect to data breach of theft of physical documents containing extensive personal information from secure area of storage unit rental company. Advised client on interaction with law enforcement and reporting requirements to state regulatory authorities, assessed “computerized” versus “non-computerized data” requirements under state law and assisted with response to customer complaints.

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  1. Industry Experience

    We have a wide range of industry experience including:

    • E-commerce
    • Education
    • Financial
    • Food
    • Government agencies
    • Hospitals and Other Healthcare Providers
    • Information technology and software
    • Maritime and shipping
    • Pharmaceutical and healthcare
    • Pharmacy
    • Publishing and media
    • Retail
    • Technology and social media
  2. Global Perspective

    We have experience with privacy and data protection compliance issues in many countries, including:

    • Argentina
    • Australia
    • Austria
    • Brazil
    • Canada
    • Chile
    • Czech Republic
    • France
    • Germany
    • Hong Kong
    • Hungary
    • India
    • Ireland
    • Italy
    • Japan
    • Mexico
    • Netherlands
    • Peru
    • Slovakia
    • Spain
    • United Kingdom
    • United States
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