In today’s global marketplace, companies must be serious about protecting their proprietary intellectual property from misappropriation. They must be equally vigilant about protecting the privacy and publicity rights of customers, visitors, endorsers, and employees. This is no small feat in a digital world where sensitive information is easily acquired, easily shared, and easily transported in laptops, smart phones, jump drives, and dropboxes. One iPad left in a taxi can constitute a major data privacy breach. One emailed photo can constitute a serious commercial tort. Companies need experienced IP lawyers who can help limit corporate exposure to privacy and publicity breaches without comprising communications or productivity.
Cozen O’Connor’s intellectual property attorneys provide counsel on privacy matters, data protection, and publicity rights to a diverse range of companies. We represent clients in pharmaceuticals, biotechnology, engineering, computer software, luxury and consumer goods, finance, education, manufacturing, telecommunications, managed services, retail, arts, and sports. We can decode the patchwork of state, federal, and international data privacy regulations; design practical and effective breach-prevention systems; and mount a response when data breaches do arise. In particular, we have notable experience navigating the European Union’s exceptionally stringent and ever-changing privacy regime.
Rather than wait for catastrophe to occur, Cozen O’Connor works proactively with clients to anticipate problems and develop comprehensive data protection programs. We thoroughly review technology usage and information flow, and devise workable data security procedures that meet regulatory standards. Our attorneys routinely negotiate outsourcing and services agreements in which data privacy is an issue, draft online privacy policies, advise clients on the privacy and publicity rights implications of major business transactions, and represent clients in their dealings with data security and privacy regulators. We not only help clients achieve full compliance with the law, we also develop strategies that suit each client’s unique culture, business model, and operational norms.
As a renowned trial firm, Cozen O’Connor’s intellectual property litigators are also fully prepared to defend clients in the event of a crisis or complaint. We have experience responding to single-plaintiff lawsuits, consumer classes, and investigations by international, federal, and state enforcement authorities. In addition to conducting an effective legal defense, our attorneys (along with members of the firm’s D.C.-based Public Strategies group) develop effective public communications strategies around actual or alleged breaches. In this linked-in marketplace, you’ve got to win the case without losing the brand. Our attorneys help clients accomplish both.
SERVICE AREAS
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Conduct audits and counsel on privacy and data security
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Develop data protection and privacy law compliance programs
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Advise on the proper response to securities breaches according to state, federal, and EU guidelines
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Counsel clients on the privacy considerations associated with business transactions, including outsourcing, contracting, mergers, and acquisitions
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Draft website privacy policies and advise on online data collection practices
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Negotiate publicity agreements with members of the sports and entertainment industry
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Litigate claims brought by individuals, classes, or government regulators regarding data breaches, privacy rights, and publicity claims