Covington & Burling LLP | Practices, Industries & Regions

Covington lawyers have successfully represented clients in numerous investigations involving their privacy and data security practices. Drawing upon our extensive experience before the Federal Trade Commission (FTC) and other US agencies and the European Union (EU) data protection authorities, including the Art. 29 Working Party, we are able to guide clients confidently and as painlessly as possible through this process, and to achieve favorable outcomes in regulatory enforcement actions.

We have particular expertise in actions brought by the FTC and the privacy authorities of the European Union (EU) and its Member States, often working with regulators to negotiate agreements and consent orders. In addition, we represent clients with respect to claims brought by state attorneys general under consumer protection and unfair practices statutes, including laws relating to public statements regarding online privacy and security. We also regularly advise clients on data privacy issues in the context of internal investigations, often involving the European subsidiaries of U.S. multinationals.

Representative Matters

Successfully defended a client in an investigation by the FTC and the New York State Attorney General into the security of information exposed by a hack into its servers.
Assisting a leading IT company in investigations by European and international privacy regulators on data collection issues.
Represented Microsoft in negotiating an FTC Consent Order related to the privacy and security practices involving certain of the company’s products and services.
Advised numerous clients regarding the privacy implications of conducting an informal internal audit of certain foreign business practices at the request of the US Securities and Exchange Commission.
Advised a global online trading platform on privacy issues in the e-discovery context, and steps to be taken in Europe under EU and national laws in order to transfer data from the EU to the United States.
Assisted several global companies in tailoring their compliance helplines or hotlines to the requirements of European data protection and labor laws, including advice on Works Council involvement.
Negotiated a favorable agreement with the Children’s Advisory Research Unit of the Better Business Bureau regarding an Internet service provider’s compliance with the Children’s Online Privacy Protection Act.
Drafted a compliance manual for a multinational oil and gas company on conducting corporate investigations in compliance with EU data privacy laws, as well as on related issues regarding labor law and legal privilege.
Advised a major European bank in connection with a US regulatory investigation that required the transfer of personal data from Europe to the US.