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Privacy & Security

Today’s economy is driven by information. From automated manufacturing, to online commerce, to workforce management – consumer privacy and information security must be managed in every aspect of an organization’s operations. Davis Wright Tremaine has been a pioneer in this dynamic area of law, serving highly regulated industries, such as communications, healthcare and financial services providers for decades. As privacy and information security requirements evolve and extend beyond these historically regulated industries, our attorneys help our clients navigate this new territory and understand ongoing developments at the state, federal and global levels. One of the strengths of DWT’s Privacy and Information Security practice is our ability to address the wide range of legal questions that our clients have on a daily basis, while providing practical guidance on the implementation of comprehensive privacy and information security programs that fit their workplaces, industries and technological needs. Should a problem arise, our Incident Response Team is here to guide our clients through the initial assessment, the appropriate response and any subsequent investigations, enforcement actions and litigation. Our core Privacy and Security team is supported by robust industry experience within DWT’s practices in communications, healthcare, litigation, media, payment systems, and technology.

Counseling and Compliance
We provide counseling on privacy developments and compliance for clients who manage consumer information. We regularly assist our clients in creating privacy and information security programs that can include risk assessments, policies and procedures, employee training, and audits. We regularly advise clients on the permissible and secure collection, storage, transfer, and disposal of consumer information. In addition to helping clients understand the importance of protecting customer information, we counsel them on the appropriate collection, use and protection of employee information, as well. Our team includes several former in-house attorneys who understand the importance of risk management and mitigation, as well as how to convey critical information, initiatives and priorities to executive management.

Incident Response and Breach Counseling
From lost laptops to sophisticated network intrusions and extractions, DWT regularly advises clients on responding to information security incidents. Our Incident Response Team includes certified technology professionals that can help our clients understand whether a security incident rises to the level of a breach under a variety of state and federal laws. If a breach occurs, we counsel clients on issues such as whether consumer, regulatory or other notifications are required or recommended, and whether there are legal requirements or advantages to providing identity theft protection services. While we assist and advise clients from all industries, our incident response team also includes attorneys who advise clients regarding data and privacy breach issues in the health care sector under HIPAA, which often requires the additional analysis of state health privacy laws, including California’s Confidentiality of Medical Information Act.

Litigation and Regulatory Enforcement
With decades of experience advising and litigating on behalf of clients who have been subject to privacy and data security requirements such as the Fair Credit Reporting Act of 1970, the Cable Communications Policy Act of 1984 and the Electronic Communications Privacy Act of 1986, our litigation team represents leading technology companies, communications providers, financial institutions and health care organizations in privacy and information security related litigation and government investigations and enforcement actions. Anchored by several former federal prosecutors and attorneys from federal and state regulatory agencies, our team knows how government investigations are conducted, which helps us develop sophisticated defense strategies. We also routinely conduct internal investigations for private and public entities in matters that could potentially ripen into regulatory investigation or civil litigation. We work closely with in-house counsel, senior management, boards of directors, audit committees, and special committees to ensure clients respond to government investigations properly while doing everything possible to minimize disruption to ordinary business activities. While we advocate zealously for our clients, we do so in a manner that preserves relationships with government officials to help facilitate satisfactory resolutions of client matters.

Blog for insight and commentary on information management and protection
View State Data Breach Notice Statues
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Law Firm of the Year in Communications
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