Ranked by a leading IT trade publication as having one of the ten best privacy practices in the world, Covington combines exceptional substantive expertise with an unrivaled understanding of the IT industry, and of e-commerce business models in particular. One of our core strengths is the ability to advise clients on relevant privacy and data security rules worldwide, and to help them structure globally valid compliance programs. In recent years, our privacy and data security lawyers in the United States and European Union (EU) have helped write landmark legislation, counseled clients on complex transactions, developed compliance strategies covering a wide variety of statutes and regulations, helped respond to numerous security breaches, authored or co-authored multiple treatises, and represented clients in investigations, enforcement actions, and litigation.
Many of our privacy and data security lawyers have extensive experience in complementary areas, which enables us to counsel clients thoughtfully and efficiently on the full checkerboard of privacy and security laws. Our attorneys have expertise not only in the IT industry, but also in the telecommunications, media, financial services, health care, labor and employment, and food and drug sectors. Our privacy and data security attorneys include litigators, transactional lawyers, and legislative and regulatory strategists with decades of high-level experience on Capitol Hill and with federal agencies.
Representative Matters
- We have actively participated in legislative and regulatory efforts involving a range of privacy and data security issues, such as commercial e-mail, phishing, spyware, identity theft, caller ID spoofing, and individual background checks. For example, we worked closely with Hill staff on federal spam legislation and prepared witnesses to testify before the House and Senate Commerce Committees, and we filed comments on the Federal Trade Commission’s implementing regulations cited repeatedly by the Commission after the legislation became law.
- We assisted a leading Internet travel company in responding to a data security incident involving the stolen personal information of hundreds of thousands of customers, including preparing notices to consumers and regulators, establishing fraud monitoring and tailored customer service, and working with federal and state officials to ensure compliance with applicable requirements and best practices (and to avoid lawsuits or enforcement actions).
- We advised a leading online company on risk management and affirmative strategies, including potential litigation options, in connection with the unauthorized use and disclosure of customer personal information by a third-party service provider. Based on our advice, the client was able to resolve the potentially difficult situation quickly and on favorable terms.
- We prepared comprehensive legal and ethical guidelines for the use of background checks, collection of personal information, and electronic monitoring for internal investigations by a major information technology client.
- We have helped numerous companies to develop global comprehensive privacy policies, facilitate international data transfers, and structured outsourcing arrangements in compliance with federal, state, EU, and other laws and best practices, including the US-EU Safe Harbor privacy framework.
Accolades
- Ranked By Chambers USA as a leading Privacy & Data Security Practice (2007).
- Covington Privacy & Data Security partners, Erin Egan and Mark Plotkin, ranked by Chambers USA as leading lawyers (2007).
- Covington Privacy & Data Security partner, Erin Egan, ranked by Practical Law Company (PLC) as a leading lawyer (2006-2007).
- Ranked by ComputerWorld as one of the leading Privacy Consultancies (2006).
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