Privacy & Cybersecurity

Privacy & Cybersecurity

From managing complex global privacy and data protection advisory matters, to responding effectively to litigation and regulatory investigations stemming from security incidents and alleged privacy violations, Ropes & Gray is a leader in helping clients navigate the increasingly complex legal landscape surrounding privacy and cybersecurity.

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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. 

“They were top-notch and really displayed a level of thinking that is much more analytical and strategic than I have seen elsewhere.” Client, Chambers USA
“They were absolutely fantastic—extremely knowledgeable and experienced.” Client, Chambers USA

Overview

Advances in technology have changed today’s global business environment. Privacy and cybersecurity issues are everywhere, affecting individuals, businesses and governments worldwide. Understanding increasingly complex privacy and cybersecurity laws and finding practical ways to address their implementation are top priorities for many clients. Should an organization be accused of violating those laws, expert legal advice is a must, especially when the accusation arises out of a cybersecurity breach.

Ropes & Gray’s privacy & cybersecurity practice has long been ranked as a leader  by Chambers USA, Chambers Global and The Legal 500, and has been named a “Privacy & Consumer Protection Group of the Year” by Law360 four of the last six years. The practice helps clients manage the full array of issues and matters involving privacy and cybersecurity law, including:

  • Claims, litigation and regulatory investigations arising from cyberincidents and any resulting theft, loss or unauthorized use of confidential or personal information
  • Regulatory investigations and litigation arising from alleged violations of applicable data privacy requirements 
  • Privacy and cybersecurity compliance, counseling, response and prevention

Privacy & Cybersecurity Advisory

Our global team regularly helps 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.

Regulatory Enforcement & Civil Litigation

When an organization is accused of violating applicable privacy and/or cybersecurity requirements, we have the knowledge and experience to master the relevant facts quickly. Our team handles the class-action litigation and regulatory investigations that frequently result from these accusations.

Incident Response and Preparedness

An orga­nization must respond urgently and ef­fectively to mitigate exposure when a cyberincident occurs, and having knowledgeable counsel on call to provide legal advice is essential. Our experience allows us to develop legal strategies that address the myriad simultaneous challenges that arise.

Experience

Ropes & Gray has been retained by clients in many of the most complex and groundbreaking privacy and cybersecurity cases.

Counseling

  • 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
  • Rolled out a global privacy policy, terms of use and a correspond­ing user dashboard for a popular suite of fitness apps, using teams of local counsel spanning five continents
  • 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

Regulatory Enforcement & Litigation

  • Representing LabMD in its petition to the U.S. Court of Appeals for review of the first FTC decision holding a company liable for allegedly having unreasonable data security practices that violate Section 5 of the FTC Act
  • Serving as lead counsel for Arby’s Restaurant Group in defending against all third-party claims arising from a payment card incident announced in February 2017
  • Advised The Home Depot in responding to card brand inquiries stemming from the cyberincident that Home Depot announced in September 2014
  • Served as lead outside counsel for Supervalu Inc. in defending and responding to all litigation claims and regulatory inquiries stemming from the cyberincident that Supervalu announced in August 2014
  • Represented Target as lead outside counsel in responding to card brand inquiries and defending card issuer litigation stemming from the cyberincident that Target announced in December 2013
  • Represented Heartland Payment Systems in obtaining dismissal of all class-action claims, and closure of all regulatory investigations, stemming from one of the largest computer cyberincidents ever
  • Advised Wyndham Hotels and Resorts with regard to card brand claims and regulatory investigations stemming from cyberincidents involving a number of the independently owned Wyndham-branded hotels
  • Represented TJX in favorably resolving the class-action litigation, card brand claims and regulatory investigations stemming from what was then the largest cyberincident ever
  • Represented Genesco in the first lawsuit against Visa to challenge the lawfulness of cyberincident penalties imposed by Visa

Incident Response

  • Regularly advise both small and large financial institutions, health care institutions, and other companies that have experienced security breaches and other security events involving personal data
  • Developed a comprehensive incident response plan for large insurance and financial industry clients, addressing coordinated response and crisis management across the organization Managed privileged cybersecurity assessments for a complex financial industry client and conducted a successful red team exercise
  • Provide ongoing cybersecurity advice to one of the world’s leading franchisors, with more than 19,000 locations around the globe