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Covington’s privacy and data security lawyers include many seasoned litigators who have represented numerous clients in lawsuits involving a broad spectrum of related issues. When our clients face lawsuits alleging privacy or security violations, we respond quickly and efficiently to minimize liability and optimize the chances of success. Likewise, when our clients’ rights are violated by others, we develop creative and forward-thinking strategies to vindicate those rights in court.
Our litigation experience spans a range of privacy issues. For example, we have defended clients in putative class actions alleging violations of federal and state credit reporting and health information privacy laws. We have also worked with clients that host e-mail to develop appropriate procedures to respond to subpoenas and other government requests for customer communications and information. Internationally, we have represented clients before the European national data protection authorities, and the Article 29 Working Party—a body representing the data protection Commissioners in the Member States of the European Union.
On the plaintiffs’ side, we have won suits for violations of telemarketing and fax advertising rules, and have successfully challenged statutes and agency rules implicating privacy.
Representative Matters
- Represented a consortium of financial institutions in successfully challenging a California statute based on preemption by the Fair Credit Reporting Act (FCRA) of state and local laws limiting the exchange of customer information between affiliates.
- Successfully challenged as preempted a California statute that would have effectively overruled the federal Junk Fax Prevention Act with respect to interstate faxes.
- Represented Wyeth in a consumer class action alleging that it violated various privacy rights granted by the California Constitution, the California Confidentiality of Medical Information Act, and common law through its participation in direct mailing programs run by various pharmacies.
- Involved in several litigations over the constitutionality of security pat-downs at National Football League games.
- Advised a large pharmaceutical company in connection with litigation involving the alleged infringement of patient privacy by a pharmacy chain that collects personal information about prescription drug users.
- Successfully sued a major sender of “junk faxes” for violating the Telephone Consumer Protection Act and the Federal Communications Commission’s rules on fax advertising.
- Successfully challenged before the DC Circuit the Federal Communication Commission’s rules mandating that telecommunications companies install equipment to monitor private telephone and Internet communications.
- Represented Microsoft before the Article 29 Working Party on alleged violations of data protection rules.
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