Data is now the most valuable asset for many organizations, but if not adequately managed, it can be a critical liability. Latham lawyers help companies to develop new products, business models, and revenue lines by understanding and utilizing data effectively. The true value of data is evidenced by the prolific rise of data-centricity at the consumer and board level. Latham’s dedicated practitioners help companies balance the need to derive value from their data with the need to keep on the right side of regulators.
Latham helps companies stand up a robust privacy governance structure, supported by the tools needed to ensure day-to-day privacy compliance. Latham operates a “privacy by design” approach and frequently works with the firm’s outsourcing, commercial contracts, and digital practitioners to assist clients in developing compliant enterprise-wide solutions.
The firm provides a global and integrated team of practitioners, operating across borders to advise clients on the collection, use, and transfer of employee and consumer data, including in relation to the export of personal data to countries outside the European Economic Area (EEA), global data sharing structures, and the application of United States (US), European Union (EU), and global information laws. Latham lawyers structure, document, and audit privacy policies to help organizations implement operational processes and data protection procedures that are compliant with relevant legislation. Such legislation includes national, EU, federal, and state laws, such as the Gramm-Leach-Bliley Financial Services Modernization Act; EU General Data Protection Regulation (GDPR); E-Privacy Directive; Network Security Law; Fair Credit Reporting Act; Telephone Consumer Protection Act; CAN-SPAM; and Children’s Online Privacy Protection Act, among others.
Notably, the firm’s experienced healthcare information lawyers advise on compliance obligations imposed under a variety of sources of regulation, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH), Federal Trade Commission (FTC) guidance, and state privacy and security laws.
Latham lawyers offer pragmatic, commercial advice that allows clients to leverage and monetize the wealth of information at their fingertips, while meeting global privacy requirements. Latham helps craft data exchange and analytics agreements to enable companies to exploit big data.
Latham helps organizations navigate privacy incidents and regulator investigations, as well as advising on the privacy implications of information requests in civil litigation and from global law enforcement authorities. Latham lawyers strive to — and often do — secure voluntary closing of regulatory inquiries. When unattainable, Latham works vigorously to obtain the best possible outcome for clients, leveraging the firm’s deep knowledge of regulators and their requirements. Latham lawyers routinely defend high profile privacy and data security cases on behalf of companies of all sizes — from leading global enterprises defending cross–border proceedings, to small emerging companies defending consumer class actions.
In addition, the firm’s practitioners advise on privacy and cybersecurity due diligence in M&A transactions, and help clients to understand and mitigate risk in the acquisition and financing process.
Whether a client is just getting started on a project involving big data or looking to assess the privacy and security of the data they own, Latham’s team of information law and privacy practitioners is here to help.