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Data Use, Privacy and Security

With the global surge in digital technologies, the amount of data has exploded. Social media, mobile devices, geo-location tracking and cloud-based technologies are only a few of the ways that data is being collected and shared in all industries. At the same time, a growing patchwork of laws restricts the way data assets can be used, and regulates their protection. Understanding this ever-changing landscape is critical for companies to maximize the benefits of critical data assets, without running afoul of the applicable regulatory scheme.

Lawyers in our Data Use, Privacy and Security practice use a multi-disciplinary approach to provide tailored and strategic data counsel for businesses in all industries. Our expertise merges regulatory compliance, technology law and licensing, commercial contracting and dispute management, yielding our unique ability to advise clients on all aspects of data management and commercialization. For firsthand data breach experience of our clients' perspectives, view our DATA BREACH STRATEGIES. 

Our Work

We provide counsel in areas such as policies and procedures, data breach response, investigations, disputes, risk management and corporate transactions that involve data transfer. We handle cutting-edge collaborations and strategic alliances involving the license and exchange of identifiable and de-identified data assets and analytics applications. As businesses increasingly move into digitized markets, we provide counsel for online business models involving issues such as geo-location and mobile device tracking.

Because several of our team members have in-house counsel experience, when data privacy or security issues arise we understand our clients’ perspective particularly well. We help them navigate this era of data and digitization with a pragmatic, businesses-focused approach.

Our Clients

We advise a wide range of local, regional, national and international clients in industries such as:

  • Software, data and cloud computing services
  • Internet and e-commerce
  • Marketing and advertising
  • Health care, life science and pharmaceutical services
  • Social media and communications
  • Financial services
  • Manufacturers and retailers

Our Expertise

Our multi-disciplinary team of lawyers has a thorough understanding of the substantive areas that typically underlie such issues, including Intellectual Property; Technology; Health Care; Employment, Labor & Human Resources; Corporate and Securities; and Litigation. We leverage our expertise to provide tailored and practical advice on data privacy requirements, including the HIPAA Privacy Rule; the Gramm-Leach-Bliley Privacy Rule; marketing laws; the Children’s Online Privacy Protection Act (COPPA); mobile device and tracking laws; the Fair Credit Reporting Act (FCRA); and the Fair and Accurate Credit Transaction Act (FACTA), as well as information security requirements in the HIPAA Security Rule; the Gramm-Leach-Bliley Safeguards Rule; the Payment Card Industry Data Security Standard; state security laws; corporate governance legislation and regulations; and unfair business practices law (FTC Act, Section 5).

Compliance

  • Assist with data breach investigation and response
  • Advise on de-identifying data assets
  • Provide best practices and policies for compliance with data-related laws and regulations
  • Prepare terms of use and privacy statements for websites and mobile apps
  • Provide data-driven business model analysis and strategy
  • Address employee privacy issues and employee nondisclosure obligations for confidential and proprietary information
  • Review and manage claims under cyber insurance policies

Commercial Transactions

  • Strategic collaborations involving licensing of data and databases, and the creation of data mining and analytics tools
  • Creation and licensing of digital content
  • Addressing privacy, security and data transfer and protection issues in mergers, acquisitions and other corporate transactions
  • Outsourcing and procurement of technology and complex services, including data hosting and processing
  • Structuring and contracting for health information exchange

Litigation

  • Trade secret theft
  • Commercial business to business contract disputes
  • Risk management of data and security breach scenarios
  • Prosecuting and defending claims stemming from data and security breaches

News

Publications

Events

Since January 2015, Smith Anderson has advised clients in more than 300 transactions representing approximately $11 billion in value, including mergers, acquisitions and divestitures; real estate development and construction; life sciences and health care; technology and intellectual property; debt finance; private equity and mezzanine finance; initial public offerings; growth companies and venture capital; and fund formation. The following provides a comprehensive overview of some of our clients' key closed business transactions in 2015. Highlights include: 

  • Over 60 mergers, acquisitions and securities offerings totaling approximately $4 billion, including the first qualified offering under new Regulation A for Groundfloor Finance, the first multi-state real estate peer-to-peer micro-lending platform for non-accredited investors.
  • Over 60 life sciences and health care transactions and 40 information and materials technology transactions totaling in excess of $4 billion, including Quintiles/Quest global joint venture in the creation of Q2 Solutions with initial annual revenues of nearly $600 million.
  • Over 100 real estate and construction matters totaling in excess of $2 billion, including the expansions at North Hills by Kane Realty Corporation.
  • Over 80 senior and mezzanine debt financing transactions totaling in excess of $4 billion.
  • 2016 SPOTLIGHT DEAL: Lead counsel in a worldwide immuno-oncology partnership worth up to $1.6 billion for genome editing company Precision BioSciences. 

Our firm is fortunate to have worked on a wide array of transactions with a diverse group of clients. CLICK HERE to expand the image below, which lists some of our clients and their business transactions completed in 2015.

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