Privacy, Security & Data Innovations

From the Internet of Things and connected cars to blockchain, artificial intelligence and machine learning, businesses are leveraging data-driven strategies and technologies to stay competitive in an increasingly digital — and increasingly regulated — global economy.

Loeb & Loeb’s global Privacy, Security and Data Innovations team helps many of the world’s most recognized brands harness the power of data across new communication platforms, using innovative new technologies and through data-driven business models and transactions.

Our team is at the forefront of legal developments in the U.S., Europe and around the world, working with policymakers, advocacy groups and industry associations to navigate developments in the legal landscape. We help our clients anticipate risks, meet challenges, and implement sound privacy and data security principles to address these evolving and often overlapping government and industry regulatory schemes.

Where some law firms stop at regulatory counsel, data protection and incident response, our holistic, 360-degree approach to data goes much further. Loeb’s team helps clients develop innovative — and responsible — strategies to leverage and commercialize data as a critical business asset. We draw upon the experience of lawyers throughout the firm, including those from our advertising, entertainment, corporate, financial services, life sciences, employment and technology transactions practice groups, to provide an integrated approach to client counseling.

As savvy counselors and dealmakers who understand the technologies and platforms that are transforming today’s digital marketplace, our privacy lawyers work on pioneering data transactions that enable clients to unlock value and create business opportunities from their information assets.

We work with global companies operating in heavily regulated sectors such as financial services, health care, telecommunications and media, and with market leaders in virtually every other industry vertical, including advertising, entertainment, packaged and consumer goods, and automotive. Our clients include established organizations leveraging significant data assets in jurisdictions worldwide and innovative startups with data at the core of their operations.

Loeb’s Privacy, Security and Data Innovations practice offers clients a technology-focused, commercial approach and practical, business-minded guidance in the following core areas:

Our lawyers are well-known for leading-edge work helping the world’s largest media companies, advertisers and agencies employ and adapt new data-driven tools and technologies to reach and engage with consumers. We provide sophisticated privacy counsel and transactional advice in data-sharing agreements involving social media, behavioral advertising and geotargeting, programmatic buying, cross-device tracking, IoT implementations, and other emerging communications and business practices.

We work with companies leveraging connectivity and mobility across virtually every industry and market, with a particular depth of experience advising on data privacy issues related to connected and autonomous vehicles and other emerging automotive technologies.

Loeb’s Privacy, Security and Data Innovations team has extensive experience counseling on data-related aspects of transactions, drafting and negotiating deals where data is being sold, purchased or licensed. We also provide privacy assessments in connection with commercial agreements and advise on valuation of data assets and data-related vulnerabilities attendant to mergers, acquisitions and other corporate transactions.

Many of our clients collect, store and transmit data across international borders. We have in‑depth knowledge of international data protection laws, and we counsel clients on multijurisdictional data audits and security programs to support cross-border data transfers and offshore outsourcing of data processing activities. We assist clients with comprehensive GDPR compliance programs and routinely provide counsel with respect to the EU-U.S. Privacy Shield and other international privacy frameworks. Our U.S.-based team includes an EU-licensed practitioner and other experienced CIPP/US/E and CIPM certified privacy professionals supported by a close network of local resources in the EU and other jurisdictions.

We regularly counsel on regulatory compliance requirements for the financial services industry, advising financial institutions and service companies, including fintech enterprises, on global data security and privacy-related matters. Our experience includes assisting clients with privacy issues related to payments technology and e-commerce systems, including integration of AI and machine learning, and representing companies before federal banking regulators, the Federal Trade Commission, and other domestic and foreign regulatory agencies.

Loeb & Loeb advises wide range of clients in the health care and health-tech sectors — including pharmaceutical and biotech companies, medical device manufacturers, health care providers and insurers — on compliance with HIPAA and other federal and state privacy laws governing health information. We counsel clients on ethical, responsible and effective ways to optimize their data assets while safeguarding patient and customer health care data in an increasingly complex regulatory environment.

We work with clients to conduct comprehensive assessments of data privacy and security practices and assist in the development and implementation of effective data and information security protocols, procedures and policies, including incident response programs. Our team performs cybersecurity risk and vulnerability assessments in connection with corporate transactions, product launches, data-driven marketing initiatives and other business activities. We also conduct multijurisdictional audits and provide training and advice on global privacy compliance to multinational companies with operations worldwide.

From state and federal laws regarding age-restricted marketing and data usage, commercial email marketing and telemarketing (e.g., VPPA, COPPA, CAN-SPAM and the TCPA) to sweeping global privacy directives, we help clients navigate the many nuanced and evolving privacy and regulatory frameworks. Our lawyers are at the cutting edge of new privacy law and compliance trends, including those related to blockchain as a privacy solution, AI and automated decision-making, and other emerging areas.

We also routinely advise clients on all the FTC’s privacy initiatives, providing analysis of laws, rules and recent enforcement actions, and we represent clients in FTC investigations and enforcement proceedings.

Our integrated approach to privacy counseling gives us a distinct advantage in helping clients prepare for and respond to security crises. With deep understanding of our clients’ data assets, data flows, security protocols and optimization strategies, we are able to develop tailored and effective response plans and crisis management materials in preparation for potential adverse data incidents. When the need arises, our full-service team also assists clients with internal investigations, coordination with regulators, and navigating the myriad legal and business issues in the wake of a security event.