In today’s global and digital business environment, advances in technology have greatly increased the value of data as an asset, and regulation of data has increased its risk as a liability affecting individuals, businesses and governments worldwide. Ropes & Gray’s Data Practice helps clients manage the full array of issues and matters that arise from the collection, use, storage, commoditization, disclosure, transfer and disposal of data, including:
- Privacy and cybersecurity compliance and counseling, including advice on the key components of relevant laws and regulations, developing tailored compliance plans, and preparing for and responding to cyber incidents.
- Corporate and transactional support, including privacy and cybersecurity-related diligence for mergers and acquisitions and advice related to the buying, selling and licensing of data, as well as complex collaborations to develop or exploit data.
- Regulatory investigations and litigation arising from cyberincidents and any resulting theft, loss or unauthorized use of confidential or personal information, as well as alleged violations of applicable data privacy requirements.
Compliance and Counseling
Our attorneys help clients properly comply with the law and minimize privacy and cybersecurity risks. By undertaking comprehensive privacy and security risk assessments, building global compliance programs, and providing ongoing counseling and advice, we help clients understand and meet their legal obligations and position themselves to avoid attacks on their systems. Our attorneys also provide advice to clients on how to prepare for a cyber incident and assist clients in responding after an incident has occurred. Our goal is to help clients manage information and leverage the incredible value of data and digital technologies in ways that not only meet compliance obligations, but also support innovation, deliver value to the business, and solidify brand and consumer trust.
Corporate and Transactional
Our attorneys help clients identify privacy and cybersecurity risks that may be underlying a potential deal, performing privacy- and cybersecurity-specific due diligence to assess and address risk in the context of private equity deals, mergers and acquisitions, and other corporate transactions. They also provide support for securities offerings and issuances, review and negotiate contracts concerning data and vendor relationships, review investment disclosures, and analyze risks inherent in the investment in and use of alternative data.
Litigation and Enforcement
Even when companies prepare well and respond properly to an incident, claims of privacy violations and/or cybersecurity failures often follow. If an incident does occur, our litigation and enforcement attorneys advise on the myriad legal issues that arise, representing clients in all manner of federal, state and international regulatory and civil claims. Our team handles the class-action litigation, regulatory investigations, and related disputes and lawsuits that frequently result from these situations or accusations, drawing on our extensive knowledge and experience to master the relevant facts quickly for asserting or defending the company’s interests on all of these fronts.
Experience & Clients
Ropes & Gray has been retained by clients in many of the most complex and groundbreaking privacy and cybersecurity cases.
- Managed a global team of privacy and security experts providing advice to a U.S.-based technology company on privacy and security compliance relevant to planned expansion in Europe, the Middle East, Africa and Asia
- Performed a privacy, security and digital risk assessment for a consumer products company with operations in more than 100 countries
- Developed a comprehensive suite of policies mapped to the National Institute of Standards and Technology cybersecurity framework with HIPAA Security Rule requirements layered in for a health industry client
- Overhauled vendor onboarding processes and diligence of cybersecurity practices for a multinational asset management client, reporting regularly to the board committee overseeing the project
- Conducted a comprehensive, global cybersecurity risk assessment a multinational analytical science and instrument development company
- Advised on the privacy and cybersecurity aspects of home automation systems, wearable devices and geolocation tracking components, including privileged security assessments (testing of both hardware and software), security vulnerability remediation, and the implications of the EU’s General Data Protection Regulation, among other areas
- Financial services / asset management
- Bain Capital
- The Carlyle Group
- TPG Capital
- Health care
- Heartland Dental
- Aurora Health Care Inc
- Life sciences
- Banks and investment banks
- Santander Bank
- Colleges & universities
- Wake Forest
A Global Network
The use of data knows no geographic boundaries. Our global team can diagnose issues presented by regulatory regimes around the world, working closely with a network of leading privacy lawyers in many countries.