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A bipartisan, bicameral legislative proposal to create a federal comprehensive data privacy framework may be back on the table. If enacted, the APRA would create a comprehensive federal data privacy regime granting all Americans certain rights regarding their personal data.
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As the technology sector continues to evolve, and new rules develop across different platforms and industries, the importance of tech- and business-savvy counsel becomes increasingly important. Recognizing that technology law is integral to businesses of every size, every stage, and across every industry, Cozen O’Connor’s multidisciplinary Technology, Privacy & Data Security team serves as a one-stop shop to help clients — ranging from startups to Fortune 100 companies — navigate technology transactions, as well as regulatory, litigation, and risk management issues.
Our clients include global players in adtech, fintech, edtech, and martech; health care; retail; the financial industry; cloud computing; data brokerage; blockchain; and cosmetics. We also represent online ad networks, software and mobile app developers, media monitors, digital interactive agencies, international e-commerce companies, and major telecommunications and cable service providers, among others.
Transactional Services
Our transactional team addresses a wide range of cyberlaw, privacy, and data security issues and technology- and internet-related transactions. We handle strategic outsourcing/licensing, optimizing digital assets, internal data management and privacy governance, as well as media M&A and other corporate-level technology transactions. We also handle buy- and sell-side technology transactions that typically involve cloud computing, data privacy, IP, software, and security, and interactive marketing regulatory compliance.
Additional transactional services include:
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drafting and negotiating software, IT services, data, and digital media agreements;
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advising clients in the use and protection of IP assets;
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counseling clients on the protection of personal data and other sensitive data assets; and
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inbound and outbound technology licensing and acquisition.
Regulatory Services
The regulatory landscape surrounding data protection and cybersecurity is ever-changing and fraught with landmines. One incident of data loss, breach, or cyberattack can undermine years of good will and leave clients with daunting financial, legal, and reputational challenges. When disaster strikes, companies need a true crisis manager at the helm to stem the damage and ensure that the remediation strategy complies with all relevant laws and regulations.
We provide advice and counsel on the full panoply of issues clients face in this highly regulated space, including but not limited to complying with the Health Insurance Portability and Accountability Act (HIPAA), the Gramm-Leach-Bliley Act (GLBA), the Electronic Communications Privacy Act (ECPA), the California Consumer Privacy Act (CCPA), Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act, the Children’s Online Privacy Protection Act (COPPA), and the Fair Credit Reporting Act (FCRA). We also advise on international data transfers and assist U.S. companies to comply with the EU General Data Protection Regulation (GDPR) and the ePrivacy Directive.
Additional regulatory services include:
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drafting privacy policies and privacy-related disclosures, and structuring privacy and security by design;
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assisting with advertising and marketing privacy (including retargeting, cross-device tracking, cookie matching, and identity resolution);
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providing advice and counsel on compliance with the Telephone Consumer Protection Act (TCPA), the Canadian Anti-Spam Law (CASL), Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), and Federal Trade Commission (FTC) guidelines (including privacy and data protection, advertising disclosures, endorsement and testimonial guidelines, and native advertising guidelines);
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handling contracts with all aspects of the digital advertising ecosystem, including DSPs, SSPs, DMPs, yield optimization tools, verification tools, ad servers, list management, and lead generator/aggregator and performance marketing contracts; and
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evaluating and managing vendor privacy and security.
In the event of a data privacy or security breach, our attorneys routinely conduct immediate forensic and recovery operations, send notifications, arrange for customer outreach, communicate with government officials, protect clients from liability, and craft public messages. We also counsel clients on investigations by the FTC, by the U.S. Department of Health and Human Services’ Office of Civil Rights (OCR), and under the Sarbanes-Oxley Act.
In addition, Cozen O’Connor’s government affairs professionals closely monitor potential changes in state and federal policy regarding data privacy and electronic information security. A leader in policy reform, Cozen O’Connor works with clients to ensure policy compliance in this ever-changing regulatory landscape and also routinely represents clients before regulators and legislators.
Litigation Services
Our team of skilled litigators represents clients in privacy and data-related class actions, multiparty and individual cases, and arbitrations in jurisdictions across the country as well as in front of federal regulatory agencies, such as the FTC. We are particularly well-known for defending data privacy class actions using creative and cutting-edge approaches. Our team has been at the forefront of some of the most significant data privacy litigation in the country in recent years, especially in the area of biometric privacy. We are recognized trailblazers in privacy class action defense in both federal and state courts, and at both the trial and appellate levels. Beyond litigation, we work hand-in-hand with the firm’s nationally recognized State Attorneys General practice and Public Strategies group to ensure our clients respond appropriately to state investigations and are getting up-to-date guidance in this ever-changing area.
Risk Management Services
Our group also has extensive experience in the fast growing and ever-evolving cyber risk market. As a long-time leader in the insurance bar, Cozen O’Connor attorneys have helped develop first- and third-party cyber/privacy/tech policies, errors and omissions insurance, and cybercrime policy language. We also advise on coverage under all first- and third-party lines of insurance, including cyber and technology, and have been involved in managing some of the largest consumer data breaches on behalf of our insurer clients.
Wherever technology meets the law, Cozen O’Connor is waiting at the crossroads with a team of experienced counsel ready to help.