Privacy advice and consultation

We provide advice on a complete range of privacy issues for media companies, retailers, health care organizations, banks and other clients handling sensitive information. For example, we advise clients about their online and offline privacy obligations, under a variety of federal and state privacy laws including the Children's Online Privacy Protection Act (COPPA), the CAN SPAM Act, the Cooperation with Law Enforcement Act (CALEA), the Gramm-Leach-Bliley Act, HIPAA (Health Insurance Portability and Accountability Act of 1996), and the European Union Privacy Directive and related "Safe Harbor" and state privacy laws. We also advise clients on issues relating to their privacy policies, the sale of customer lists, and the transfer of data to vendors.

Security advice and consultation

Our services include:

• Assisting clients in setting up secure private networks
  
• Advising clients on security issues related to Wi-Fi hot spots
  
• Helping clients negotiate and implement agreements for Internet and network security
  
• Counseling businesses on security regulations that apply to immigration and import issues and doing business overseas
  
• Advising exporters and buyers about U.S. restrictions on the exporting of software with encryption features
  
• Representing government agencies developing and acquiring new computer systems
  
• Advising clients on issues under the Electronic Communications Privacy Act
  
• Counseling clients on issues under the Computer Fraud and Abuse Act
  
• Advising clients about issues under the USA Patriot Act
  
• Providing advice on contracts involving digital signatures

International privacy issues

Our lawyers provide advice and prepare policies on all aspects of international privacy issues. Our work has included drafting policies compliant with European Union data laws, federal and provincial privacy laws in Canada and the privacy laws in major Pacific Rim countries. We also regularly assist clients in navigating the restrictions in the USA Patriot Act, the revised immigration laws and processes and various export and import regulations, including the encryption and high technology provisions of the International Trade in Arms Regulations and Trading with the Enemy Act.

Immigration and Homeland Security

In addition, since 9/11, obtaining U.S. visas has become more problematic. We're experienced at handling visa petitions filed with the Department of Homeland Security as well as visa applications filed with U.S. consulates.

We also handle a broad range of other immigration compliance issues, including:

• New alien registration requirements
  
• Entry-exit security measures
  
• Security advisory opinions for foreign workers employed in occupations on the technology alert list

Commercial speech and advertising

We regularly advise and draft policies for companies ranging from Fortune 500 to start-ups on methods for complying with various privacy laws affecting advertising and commercial speech including:

• Federal and state telemarketing regulations
  
• State and federal SPAM laws
  
• Sale, collection and use of customer data and customer lists
  
• Regulations governing contests and sweepstakes
  
• Rights of publicity
  
• Application of the commercial speech doctrine to advertising and promotions
  
• Commercial defamation and trade libel

Employer workplace privacy and security issues

Our services include:

• Developing and reviewing policies relating to data security, Internet access, email and voice mail security and privacy
  
• Advising on liability for monitoring employees and the workplace using audio, video and computer technologies
  
• Advising on privacy issues relating to employee medical and job performance information, including drug and psychological tests
  
• Counseling on protecting trade secrets and other forms of intellectual property
  
• Advising on personnel record retention policies
  
• Counseling on security issues that arise during the termination of employment
  
• Advising on dissemination of information about former employees to their prospective employers

Litigation services

As a full-service law firm, DWT has the personnel and know-how to handle a full complement of privacy and security issues in a litigation setting. Among other engagements, we've represented media organizations, hospitals, banks and other clients in matters involving:

• Domain name infringement
  
• Theft of trade secrets and customer lists
  
• Invasion of privacy and defamation
  
• Illegal downloading of music and movies
  
• Database security
  
• Spyware
  
• Phishing

Crisis Management

No matter how careful you are or secure your operations might be, there are times when criminals move against your company and your customers. When that happens, your company's brand and reputation may be at stake. You need to move fast. And we can do that.

We at DWT have helped clients manage crises caused by a variety of security attacks, including:

• theft of accounts, domain names and proprietary information,
• issuance of fake press releases,
• release of phony and doctored web pages and
• hijacking of websites

Key industries served

Financial institutions
A growing number of federal and state laws, among them the Gramm-Leach-Bliley Act, the Fair Credit Reporting Act and the Federal Right to Financial Privacy Act, impose privacy and confidentiality obligations on financial institutions. We help banks and other traditional financial institutions, as well as others that may be subject to these laws (such as retailers, credit bureaus and insurance companies), comply with the laws, which are often overlapping and frequently amended.

Telecommunication companies
We serve as litigation counsel and provide regulatory advice to large and small entities, including trade associations, whose business activities provide or use telemarketing and teleservices strategies. We advise these clients on compliance with telephone solicitation laws, including federal and state telemarketing acts and regulations that restrict solicitation by facsimile and electronic mail. We also advise telecommunication companies and Internet service providers on the use of CPNI Data, state and FCC privacy complaints and compliance with wire tap, pen register, and other subpoenas.

Health care
We counsel clients who work in or with the health care industry on their privacy, security and confidentiality obligations under state and federal law, such as HIPAA and the Privacy Act. Our clients include not only providers—such as hospitals, health systems, physician groups—and health plans, employee benefit plans, and clearinghouses, but also their vendors and business associates. We also advise clients on myriad regulatory issues that affect health information technology (HIT), electronic health records, telemedicine, and regional health information organizations. By drawing on expertise available in our national health care practice, we help clients integrate privacy, security, confidentiality, and other regulatory responsibilities into their information management strategy.

Media
Because of DWT's extensive representation of media clients throughout the United States, our practice includes privacy issues related to news and entertainment programs, news gathering, and similar activities. Our lawyers routinely provide advice and have handled significant litigation relating to rights of privacy in the context of media and press matters. These matters include claims asserting common law invasion of privacy and statutory privacy rights such as New York Civil Rights Law § 50, California Penal Code § 632, California Civil Code § 1708.8, Washington RCW 9.73.030, and similar federal and state privacy laws.

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