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CYBERSECURITY, PRIVACY AND DATA GOVERNANCE

The prospect of enhanced data privacy regulation at the federal level, coupled with extensive media coverage of recent high-profile cyber-attacks and security breaches, have led many organizations in both the public and private sectors to focus increased attention on cybersecurity. The heightened concern is justified: the consequences of failing to appropriately mitigate cyber vulnerabilities can be devastating.

Cybersecurity threats continue to expand and change with increasingly sophisticated attackers (and in some cases, nation states) targeting financial and healthcare systems, industrial control systems and other parts of critical infrastructure. The rules directed to protecting customer or employee data, however, are complex and vary by industry as well as by jurisdiction. To further complicate matters, companies that do business online or outside of the U.S. are governed by still more rules and regulations, and Congress and state legislatures continue to debate additional requirements for data use and security.

We work with our clients regarding the privacy of their data to make sure they’re aware of, and in compliance with, the extensive and changing federal, state and foreign privacy and data use and security requirements. For example, we prepare and revise Internet, user and customer privacy policies; counsel clients regarding industry-specific privacy requirements; and assist clients addressing customer and other privacy complaints or data breaches. We advise clients regarding company policies and procedures for compliance with state data breach and notice laws. We draft terms-of-use agreements and other warnings and contracts to protect and limit the use of data made available to customers and users. We also prepare data licensing agreements and other licenses and contracts relating to data use.

We understand the challenges in assessing and identifying cybersecurity risks, and can help clients develop strategies to address them. Our attorneys have long advised clients on legal issues related to privacy protection, the prevention and mitigation of data breaches, and general enterprise security. The members of our Washington, D.C.-based office are especially well-positioned to help organizations understand and influence legislative and regulatory developments in this emerging area.  We have advised on and litigated traditional privacy claims such as claims to false light, intrusion, public disclosure of private facts, and the right of publicity. We have also litigated data hacking and misuse cases.

Blog Posts

Supreme Court Will Again Consider Agency Authority in a TCPA Case

Fifteen Attorneys General Ask Congress Not to Replace State Privacy Laws With Federal Law

BIPA Update: Illinois Is One Step Closer to Amending How Damages Accrue under BIPA!

BIPA Update: Another Amendment Attempt for Illinois Privacy Law

California AG Announces Second Settlement Under the California Consumer Privacy Act

California Chamber Seeks State Supreme Court Review of Privacy Act Enforcement

NY Department of Financial Services Updates Regulations on Cybersecurity

FTC Issues Final Rule on New Breach Notice Requirement for Non-Bank Financial Institutions

CPPA’s Deputy Director of Enforcement Promises Vigorous Action by Expanded Enforcement Staff

SEC releases long-awaited proposal to revise Regulation S-P

Publications

BIPA UPDATE: Illinois Adopts Reform Limiting Potential Claims (and Damages) in Litigation

BIPA Update: Illinois Senate’s BIPA Amendment Passes the House

Silbergeld, Elalami Cover What You Need to Know About Biometric Data Violations for Daily Journal

Where do BIPA claims stand after the Illinois Supreme Court’s decision on the law’s statute of limitations?

Illinois Supreme Court holds that a five-year statute of limitations will apply to all BIPA Claims

Illinois appeals court holds that BIPA Section 15(a) requires retention-and-destruction policies upon possession of any biometric data

Illinois Appellate Panel Upholds Employer Defense Against Employee BIPA Claims: Union Employee BIPA Claims Preempted by Federal Labor Law

Illinois Supreme Court ruling curtails prominent BIPA defense

How to guarantee bad performance from your vendors

New laws may give fiduciaries power to access digital assets

Summary and implications of proposed 'Counteracting Russian Hostilities Act of 2017'

California Highway Patrol seeks to eliminate identity theft in vehicle purchases with proposed new thumbprint requirement

TCLE

The Value of Cyber and Privacy Diligence

Safeguarding the Data and Your Compliance Program – USED and GLBA

Countdown to CPRA

DOJ Cyber Fraud Initiative - Cyber Faces the FCA Hammer

Why Illinois Privacy and Cyber Developments Matter Nationwide

10 Ways To Avoid Cyber & Privacy Lawsuits

Complying with the Revised FTC Safeguards Rule: Lessons from the New York Experience

The Revised FTC Safeguards Rule - What It Means and Why It Is More Important Than You Might Think

California Privacy: CCPA and Beyond

Returning to Work During COVID-19: Employment and Privacy Law Considerations

CMMC and 800-171 in Government Contracting and Higher Education

Election Day Impacts for Cyber and Privacy

Protecting the Ever-Increasing Endpoints in Higher Education

In the Cyber Cross-hairs: Protecting High-Profile Targets

CCPA for Financial Institutions

Using GDPR to Prepare for CCPA, and Vice-Versa

Preparing for the California Consumer Privacy Act: Practical Ways to Mitigate Risk and Develop Litigation Defenses

Colleges Held for Ransom: Responding to a Ransomware Attack

Dealing with Vendors and Data Security

You Don’t Know What You’re Missing: Motivating Performance Through Service Level Agreements

Ethics and Cybersecurity

Associate
St. Louis

Libby assists clients with a wide variety of business litigation matters.

Libby assists clients with a wide variety of business litigation matters.

Elizabeth Casale
Partner
Chicago

Mike represents management clients in a wide variety of labor and employment matters and related litigation.

Mike represents management clients in a wide variety of labor and employmen...

Michael Duffee
Partner
Chicago

David concentrates his practice in product liability and complex commercial litigation in federal and state courts in Illinois and elsewhere.

David concentrates his practice in product liability and complex commercial...

David Duffy
Partner
Dallas

Ryan is an experienced employment law attorney who serves as a trusted advisor and effective litigator for employers of all sizes.

Ryan is an experienced employment law attorney who serves as a trusted advi...

Ryan Gehbauer
Partner
St. Louis

For more than 30 years, Evan has served as a trusted advisor to hospitals, health care systems, long-term care facilities, health plans, physicians, and other businesses ...

For more than 30 years, Evan has served as a trusted advisor to hospitals, ...

Evan Raskas Goldfarb
Partner
Washington, D.C.

Hospitals, health systems, physicians and other health care clients look to Milada, an attorney and registered nurse, for critical assistance on a range of complex regula...

Hospitals, health systems, physicians and other health care clients look to...

Milada Goturi
Partner
St. Louis |
Los Angeles

Joy advises health systems, health plans, group purchasing organizations, physician groups, and other health care entities on a wide range of health care legal issues.

Joy advises health systems, health plans, group purchasing organizations, p...

Joy Harris Hennessy
Partner
St. Louis

Chris serves as Chair of Thompson Coburn, managing the 800+ person firm and leading the firm's executive and management committees in the execution of its strategic plan.

Chris serves as Chair of Thompson Coburn, managing the 800+ person firm and...

Chris Hohn
Partner
St. Louis

Laura provides high-level strategic human resources counseling to executives and HR managers on the challenging legal questions that crop up during every phase of employm...

Laura provides high-level strategic human resources counseling to executive...

Laura Jordan
Partner
St. Louis

The Chair of Thompson Coburn's Higher Education Practice, Aaron assists institutions to navigate a wide range of complex legal and regulatory matters.

The Chair of Thompson Coburn's Higher Education Practice, Aaron assists ins...

Aaron Lacey
Partner
New York

Steve represents financial institutions, businesses and constituencies in major commercial disputes, with a particular focus in lender liability cases, fraud-based invest...

Steve represents financial institutions, businesses and constituencies in m...

Steven Mandelsberg
Partner
St. Louis

Mark represents clients across a broad spectrum of industries, including the energy, telecommunications and financial services sectors.

Mark represents clients across a broad spectrum of industries, including th...

Mark Mattingly
Partner
Washington, D.C. |
Los Angeles

Meg advises and represents municipally-owned utilities across the nation as a sought-after legal counsel on Federal Energy Regulatory Commission (FERC) matters.

Meg advises and represents municipally-owned utilities across the nation as...

Meg McNaul
Counsel
St. Louis

Brittney is an effective advocate for her clients in complex business disputes – implementing creative litigation strategies to help her clients achieve favorable outcome...

Brittney is an effective advocate for her clients in complex business dispu...

Brittney Mollman
Associate
Chicago

Drew applies practical litigation strategies to resolve his client's disputes as efficiently as possible.

Drew applies practical litigation strategies to resolve his client's disput...

Dremain Moore
Partner
St. Louis

Tonya provides sensible, strategic and holistic guidance to health care clients related to health care regulatory and compliance issues, government investigations and tra...

Tonya provides sensible, strategic and holistic guidance to health care cli...

Tonya Oliver Rose
Partner
St. Louis

Mark's practice focuses on facilitating clients' communications, in media, marketing and business.

Mark's practice focuses on facilitating clients' communications, in media, ...

Mark Sableman
Partner
Los Angeles |
New York

Luke is an experienced commercial litigator who solves complicated business problems for  financial services, telecommunications, manufacturing, and retailer clients...

Luke is an experienced commercial litigator who solves complicated business...

Luke Sosnicki
Partner
St. Louis

Jennifer is a partner in the Firm's Intellectual Property and Media Law practice groups.

Jennifer is a partner in the Firm's Intellectual Property and Media Law pra...

Jennifer Visintine
Counsel
Washington, D.C.

Katie handles a wide variety of regulatory and transactional work for the nonprofit and for-profit higher education sector, including online education programs, and has e...

Katie handles a wide variety of regulatory and transactional work for the n...

Katie Wendel
Partner
St. Louis

Roman is the former chair of Thompson Coburn.

Roman is the former chair of Thompson Coburn.

Roman Wuller