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In Depth

As mobile technologies, the Internet and digital media continue to replace more traditional means of content distribution, the global marketplace has witnessed a corresponding rise in privacy and information security regulations and enforcement actions. Loeb & Loeb is at the forefront of the explosion of “Big Data” and the convergence of media, technology and business, counseling many of the world’s most recognized brands on the cutting-edge privacy implications of new communication strategies. Our Privacy, Security and Data Optimization Practice is positioned to proactively address the many U.S. and international regulatory issues companies face as they use new and expanding technology platforms to extend their reach, while helping clients develop innovative and compliant strategies to leverage and commercialize data and information as a critical business asset.

Our experience and capabilities encompass the following areas:

Behavioral Targeting/Social Media
We offer expert counsel on emerging communication practices such as social media integration, user-generated content, behavioral advertising and location targeting, advising clients on privacy and security issues related to the use of customer data, including geographic location and demographic information, in advertising and marketing initiatives.

Health Information
Loeb & Loeb offers clients in the healthcare, insurance, pharmaceutical and IT sectors a unique and multifaceted legal approach to protecting and optimizing valuable data assets in the international marketplace. We counsel clients on ethical, responsible and effective ways to optimize the value their information represents, while safeguarding patient and customer healthcare data in an increasingly complex regulatory environment.

Financial Regulatory
We counsel on regulatory compliance requirements for the financial services industry, advising financial institutions and service companies on a range of consumer information privacy and data security matters. We have represented companies before federal banking regulators, the FTC, and other domestic and foreign regulatory agencies.

Data Security and Incident Response Programs
Our attorneys advise clients on response to data security breach incidents and development of response plans and crisis management materials in preparation for potential incidents. We have developed innovative privacy tools, training programs and compliance kits to offer comprehensive commercial solutions for data and information security protocols.

International Privacy
Many of our clients collect and store data across international borders. Our attorneys have in-depth knowledge of all international data protection laws and counsel clients on multi-jurisdictional data audits and security programs to support cross-border data transfers and offshore outsourcing of data processing activities.

Children’s Privacy, CAN-SPAM Email Privacy and Telephone Consumer Protection
We are well-versed in the many nuances of state and federal laws applicable to age-restricted marketing and data usage, commercial email marketing, and telemarketing, including the Children’s Online Privacy Protection Act (COPPA), the Controlling the Assault of Non-Solicited Pornography Act (CAN-SPAM) and the Telephone Consumer Protection Act (TCPA). We counsel clients on compliance with these and other regulatory frameworks and help companies develop best practices and procedures to conduct effective and legally compliant marketing campaigns of all types.

We also have a strong background representing clients before the Federal Trade Commission (FTC), the primary enforcer of privacy laws in the U.S. We have long-standing relationships with FTC attorneys and routinely advise clients on all of the FTC’s privacy initiatives, providing analysis of laws, rules and recent enforcement actions. Our litigators also represent clients in FTC investigations and enforcement proceedings.