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Data Privacy & Security

Data Privacy & Security

Protecting Your Information

Wyatt's Data Privacy & Security Service Area offers a unique blend of experience across many industries to address companies' obligations to protect the privacy of their clients, patients, employees, and others.  New privacy protection laws affect nearly all businesses.  To further complicate matters, legal rules and technologies are changing rapidly and profoundly. 

Our lawyers can help businesses understand and comply with the many state and federal laws pertaining to privacy and information security.  Our service area members have hands-on experience advising clients in many industries, including healthcare, banking, insurance, education, information technology, and retail.

Most privacy-protection laws carry significant penalties for non-compliance.  We have advised clients on the privacy provisions of each of the statutes listed below, and with regard to other statutes and issues as well:

  • Fair and Accurate Credit Transactions Act of 2003 (FACTA)
    Health Insurance Portability and Accountability Act (HIPAA)
    Children's Online Privacy Protection Act (COPPA)
    FTC Guidelines
    Family Educations Rights and Privacy Act (FERPA)
    CAN-SPAM Act
    Gramm-Leach-Bliley Act
    U.S. Patriot Act
  • State laws and regulations

Our attorneys have:

  • Assisted health care providers and business associates in protecting confidential patient information
  • Advised financial institutions on complying with customer privacy notification and information security requirements
  • Advised clients on their duties when employees misplace laptops containing private customer financial and personal data
  • Helped negotiate and implement agreements for Internet and network security
  • Provided counsel on contracts involving digital signatures
  • Assisted with developing and monitoring records management systems
  • Consulted on the risks involved in sharing information with third parties for marketing, transactional or other business purposes
  • Provided counsel on the legal requirements for destroying personally identifiable information
  • Advised clients on a wide variety of workplace issues, including surveillance, confidentiality agreements and termination procedures, among others.
  • Counseled clients on litigation matters such as domain name infringement; theft of trade secrets and customer lists; invasion of privacy and defamation; and illegal downloading of music and movies.
  • Assisted with establishing secure private networks.