Privacy and Data Security

Our attorneys bring to our privacy practice extensive industry knowledge, with a history of representing U.S. and non-U.S. companies before federal and state regulatory agencies, legislatures, and courts. Our attorneys also regularly help clients navigate through arbitration panels and international tribunals. Our experience includes helping clients with the electronic delivery of financial services and the establishment of Internet banking programs.

We have extensive experience in the financial privacy area, including:

• Advising financial institutions on Gramm-Leach-Bliley compliance and risk management with respect to internal and external transmissions of customer non-public personal information
• Representing clients in class action allegations relating to Fair Credit Reporting Act (FCRA), Truth in Lending, and Fair Debt Collection Practices Act violations. Specifically, we have successfully defeated class certification and obtained dismissal or summary judgment on behalf of our clients
• Advising companies on whether they fall within the broad definition of "financial institution"
• Assisting an electricity provider in complying with FCRA limitations on the use of non-public consumer information
• Serving as national outside counsel in a FCRA defense where consumers alleged inaccurate reporting and identity fraud
• Advising affiliates on the circumstances in which they may share data
• Advising an international bank on its obligations under the recent Canadian privacy provisions
• Counseling numerous employers on FCRA issues related to background checks on applicants and employee investigations
• Counseling on compliance with the FCRA, assistance with revisions to internal operating procedures, and monitoring legislative developments