Privacy + Cybersecurity

As businesses today face an increasingly sophisticated threat environment compounded by aggressive regulatory enforcement, companies need a partner who can help mitigate risk and respond to the unthinkable. Our Privacy + Cybersecurity practice is one of the longest-standing of any AmLaw 50 firm. Dating back to the late 1990s and established formally in 2004, our practice is fully integrated and leverages the firm's core strengths, with the group's lawyers coming from our technology, financial institutions, licensing, litigation, regulatory and appellate practices. Our unique approach, focusing on client needs and value, enables us to engage specialists whose experience is framed by a holistic understanding of clients' greatest risks in this threatening environment.

Coast to coast in the US, our talented group of privacy and cybersecurity specialists includes a senior trial attorney who has handled hundreds of data breaches, a former Chief Privacy Officer for the United States Department of Homeland Security, an experienced former Federal Prosecutor and former Assistant U.S. Attorney in the Northern District of California. In Europe, our growing team of lawyers is actively advising clients on the upcoming EU General Data Protection Regulation (GDPR), the most significant advancement in data privacy regulation in decades, which begins enforcement in May 2018, and beyond.

Our practice provides a full spectrum of services from advice and counseling, to providing transaction-related advice, to defense of class action litigation and government enforcement actions. Having counseled on hundreds of data breaches and litigated landmark cases, we provide practical advice on all aspects of information-related management and risk before, during and after breaches.

We offer a broad range of privacy & cybersecurity services including:

Advisory Services

  • Due diligence for privacy, data security and information rights (M&A, IPOs, outsourcing, and private placements)
  • Compliance and risk management (C-suite counsel, internal privacy and security program creation, policy development)
  • Transaction and deal support (drafting and negotiation of agreements related to confidentiality, privacy and residual rights, strategic counseling for data enterprises)
  • Compliance with and preparation for EU General Data Protection Regulation (GDPR), and other international privacy laws

Litigation, Investigations, and Regulatory Services

  • Consumer class action defense on privacy and data protection issues
  • Defense of actions, inquiries, and investigations by the FTC, HHS, OCR, FCC, state Attorneys General, and financial regulators
  • Security breach investigation and related incident response and crisis management
  • Email, text, fax, and telemarketing defense for organizations that communicate with consumers
  • Assistance with litigation hold/destruction of evidence issues, motions practice, and e-discovery
Related Practices

Banking

From the world’s largest financial institutions, to dynamic regional and middle market institutions, to community-based banks and thrift institutions, banks of all sorts face a range of regulatory and competitive challenges. Goodwin’s accomplished banking team regularly advises on M&A, corporate finance, securities offerings and regulation, corporate governance, banking regulation, commercial lending, complex bank products and services, consumer financial services, privacy and cybersecurity, risk and compliance management, investment management activities, holding company formations,  de novo bank formations, antitrust analysis and litigation. We regularly represent financial institutions before the Federal Reserve, the OCC, the FDIC and various state banking regulators, the CFPB and securities regulatory agencies.  In the litigation context, our lawyers have litigated nearly every type of major litigation issue brought against financial institutions both large and small, including business, consumer financial services, ERISA, M&A, privacy, data security, securities and white collar litigation. 

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Business + Commercial Litigation

Companies often face complex disputes with other businesses, government entities, or groups of individuals, which require an understanding of both the business issue and the industry of the client. Our Business Litigation practice specializes in handling these complex disputes, representing leaders in diverse industry sectors, including many Fortune 100 companies, in connection with their most important litigation matters. What sets us apart from our peers is our depth of trial and arbitration experience, class action expertise, and connections to the specialized business litigation courts across the country.
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Consumer Financial Services

To be successful, consumer financial services companies strive to offer new and innovative products and services through traditional and online channels. Banks and thrifts, mortgage companies, consumer lenders, credit card issuers, payments networks, auto lenders, technology companies and leasing entities regularly turn to Goodwin for counsel. We provide regulatory advice involving the development of new products, assist with the chartering and licensing of new financial services companies, draft compliance policies and procedures, conduct compliance reviews, and counsel on privacy and cybersecurity matters. Our attorneys regularly represent consumer financial services companies and trade associations — including the Electronic Funds Transfer Association and the
Read More

Consumer Financial Services Litigation

Consumer financial services companies face a broad spectrum of issues unique to the industry, and you need counsel that understands the challenges the industry faces. With one of the most preeminent consumer financial services litigation practice groups in the nation, our lawyers know your industry. With experience in regulatory counseling and examinations, government investigations, enforcement proceedings, and litigation, we defend many of the nation’s largest financial institutions, including prominent banks, mortgage companies, credit card issuers, and insurers, in high-stakes consumer financial services litigation cases.
Read More

Financial Industry

From acquiring a company to raising public or private funds, we provide strategic and tactical advice, a range of pragmatic options, and bottom-line results. We do more than just help our clients survive the current challenges; we partner with them to find the best solutions and identify new business opportunities.

Read More

Technology

As a growing technology company, your prospects are exciting and your challenges are unique – from securing funding, protecting IP, and navigating the regulatory environment, to differentiating yourself in the marketplace, managing customer acquisition and scaling your business. We get it. We are proud to bring a comprehensive, coordinated approach that interconnects business, new technologies and the law.

At Goodwin, we share your entrepreneurial spirit. We developed Founders Workbench, a free online legal advisory resource to help entrepreneurs navigate many of the legal and organizational challenges commonly faced by start-ups and emerging companies. We partner with you to grow your business and realize your potential more effectively – with a combination of legal experience and business savvy that can scale with management teams from the earliest stages of development through mature public company. We support clients at all stages of the corporate life cycle with legal advisory related to company formation, IP protection, licensing, commercial agreements and venture financing to IPOs, M&A, corporate governance, board matters and more.

With 180+ lawyers dedicated to the industry, we have one of the largest and most recognized technology practices in the United States. Consistently rated in the top five most active of all law firms for venture capital, IPOs and M&A, we draw on our deep experience and network of clients and investors to provide the most effective and efficient counsel for today’s emerging companies.

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Trade Secrets + Restrictive Covenants

Goodwin has one of the most comprehensive, technology-focused trade secret and employee mobility practices in the nation. Our team is comprised of intellectual property, employment law, patent, antitrust, and privacy and cybersecurity specialists. We have advised and represented hundreds of cutting-edge companies, entrepreneurs, investors and startup founders facing these critical issues and disputes in innovation hubs around the world.

Read More
Related Practices
Banking

From the world’s largest financial institutions, to dynamic regional and middle market institutions, to community-based banks and thrift institutions, banks of all sorts face a range of regulatory and competitive challenges. Goodwin’s accomplished banking team regularly advises on M&A, corporate finance, securities offerings and regulation, corporate governance, banking regulation, commercial lending, complex bank products and services, consumer financial services, privacy and cybersecurity, risk and compliance management, investment management activities, holding company formations,  de novo bank formations, antitrust analysis and litigation. We regularly represent financial institutions before the Federal Reserve, the OCC, the FDIC and various state banking regulators, the CFPB and securities regulatory agencies.  In the litigation context, our lawyers have litigated nearly every type of major litigation issue brought against financial institutions both large and small, including business, consumer financial services, ERISA, M&A, privacy, data security, securities and white collar litigation. 

Read More
Business + Commercial Litigation
Companies often face complex disputes with other businesses, government entities, or groups of individuals, which require an understanding of both the business issue and the industry of the client. Our Business Litigation practice specializes in handling these complex disputes, representing leaders in diverse industry sectors, including many Fortune 100 companies, in connection with their most important litigation matters. What sets us apart from our peers is our depth of trial and arbitration experience, class action expertise, and connections to the specialized business litigation courts across the country.
Read More
Consumer Financial Services
To be successful, consumer financial services companies strive to offer new and innovative products and services through traditional and online channels. Banks and thrifts, mortgage companies, consumer lenders, credit card issuers, payments networks, auto lenders, technology companies and leasing entities regularly turn to Goodwin for counsel. We provide regulatory advice involving the development of new products, assist with the chartering and licensing of new financial services companies, draft compliance policies and procedures, conduct compliance reviews, and counsel on privacy and cybersecurity matters. Our attorneys regularly represent consumer financial services companies and trade associations — including the Electronic Funds Transfer Association and the
Read More
Consumer Financial Services Litigation
Consumer financial services companies face a broad spectrum of issues unique to the industry, and you need counsel that understands the challenges the industry faces. With one of the most preeminent consumer financial services litigation practice groups in the nation, our lawyers know your industry. With experience in regulatory counseling and examinations, government investigations, enforcement proceedings, and litigation, we defend many of the nation’s largest financial institutions, including prominent banks, mortgage companies, credit card issuers, and insurers, in high-stakes consumer financial services litigation cases.
Read More
Financial Industry

From acquiring a company to raising public or private funds, we provide strategic and tactical advice, a range of pragmatic options, and bottom-line results. We do more than just help our clients survive the current challenges; we partner with them to find the best solutions and identify new business opportunities.

Read More
Technology

As a growing technology company, your prospects are exciting and your challenges are unique – from securing funding, protecting IP, and navigating the regulatory environment, to differentiating yourself in the marketplace, managing customer acquisition and scaling your business. We get it. We are proud to bring a comprehensive, coordinated approach that interconnects business, new technologies and the law.

At Goodwin, we share your entrepreneurial spirit. We developed Founders Workbench, a free online legal advisory resource to help entrepreneurs navigate many of the legal and organizational challenges commonly faced by start-ups and emerging companies. We partner with you to grow your business and realize your potential more effectively – with a combination of legal experience and business savvy that can scale with management teams from the earliest stages of development through mature public company. We support clients at all stages of the corporate life cycle with legal advisory related to company formation, IP protection, licensing, commercial agreements and venture financing to IPOs, M&A, corporate governance, board matters and more.

With 180+ lawyers dedicated to the industry, we have one of the largest and most recognized technology practices in the United States. Consistently rated in the top five most active of all law firms for venture capital, IPOs and M&A, we draw on our deep experience and network of clients and investors to provide the most effective and efficient counsel for today’s emerging companies.

Read More
Trade Secrets + Restrictive Covenants

Goodwin has one of the most comprehensive, technology-focused trade secret and employee mobility practices in the nation. Our team is comprised of intellectual property, employment law, patent, antitrust, and privacy and cybersecurity specialists. We have advised and represented hundreds of cutting-edge companies, entrepreneurs, investors and startup founders facing these critical issues and disputes in innovation hubs around the world.

Read More

News

Contacts

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Lynne B. Barr

Chair of Banking and Consumer Financial Services
Partner
View Bio

Brenda R. Sharton

Chair, Business Litigation
Partner
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