As mobile technologies, the Internet and emerging media 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’s Privacy, Security and Data Optimization Group is positioned to proactively address the many regulatory issues our clients face as they use new and expanding technology platforms to extend their reach, and help our clients leverage and commercialize data and information as a critical business asset and develop new revenue streams.
We offer counsel that is vital to clients as they develop their business strategies, and advise on the cutting edge privacy implications of new communication strategies, specialized applications, media-specific regulations, age-restricted data usage, location targeting and information sharing.
Loeb & Loeb provides the legal guidance and foresight required to comply with the many US and international regulations and guidelines that have emerged to address the growing spectrum of privacy concerns, while proactively advising clients on innovative and compliant strategies for extrapolating value from their static information assets. Our experience and capabilities encompass the following areas:
Behavioral Targeting/Social Media
Loeb & Loeb’s Privacy, Security and Data Optimization Group is at the forefront of the convergence of media, technology and business. We offer expert counsel on emerging practices such as social media, user generated content, and behavioral targeting, advising clients on privacy implications of using behavioral data from customers’ Internet usage, location data and other demographic information in advertising and marketing initiatives.
Data Security and Incident Response Programs
We regularly advise clients on response to data security breach incidents and development of security incident response plans, process and crisis management materials in preparation for potential incidents. We have developed innovative privacy tools, training programs and compliance kits to offer commercial solutions to the increasing need for data and information security programs.
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.
We routinely counsel on regulatory compliance requirements for the financial services industry, advising financial institutions and service companies on information and data security matters to ensure that consumers’ information and privacy are effectively protected. We have represented many companies before federal banking regulators, the FTC and other domestic and foreign regulatory agencies.
Our attorneys are current and highly skilled in the complex and evolving legal and regulatory area of online privacy for children. We counsel many clients on compliance with the Children's Online Privacy Protection Act (COPPA) and state child protection registry laws, with regard to the online collection, use, and disclosure of personal information from children under 13 years of age.
CAN-SPAM Email Privacy
Loeb & Loeb’s Privacy, Security and Data Optimization Group routinely counsels clients on compliance with the Controlling the Assault of Non-Solicited Pornography Act (CAN-SPAM). Our attorneys are well versed in the many nuances of state and federal laws applicable to commercial email marketing, and we help companies develop best practices and procedures to conduct effective and legally compliant worldwide email marketing campaigns.
Loeb & Loeb attorneys also have a strong background representing clients before the Federal Trade Commission (FTC), the primary enforcer of privacy laws in the US. We counsel clients on FTC issues on a daily basis and represent clients in FTC investigations and enforcement proceedings. We routinely advise clients on all of the FTC’s privacy initiatives, providing analysis of laws, rules and recent enforcement actions, and applying our analysis to our clients’ fast-changing advertising and marketing practices. We also advise clients who want to get involved in a rulemaking proceeding by drafting and reviewing comments submitted during the public comment period. We have long-standing relationships with FTC attorneys, both in the national office and in regional offices.
Clients and Industries
Loeb & Loeb understands all the privacy and security issues that today’s organizations face, whether they are in a business-to-business or business-to-consumer space; are involved in creating new software applications; or are looking to find innovative ways to deliver the products and services consumers are demanding. Our clients represent a broad cross-section of established media companies, retailers, financial services companies, technology developers and manufacturers in the US and around the globe.
The collaborative, cross-practice approach that has become a hallmark of the firm is particularly visible in the area of privacy law. Attorneys who practice in the privacy area share experience gained from a broad legal landscape including advertising and promotions, media and entertainment, litigation, corporate and intellectual property.
This interdisciplinary approach, coupled with the firm’s cutting edge experience and understanding of advertising and promotions, mobile technology and emerging media, gives Loeb & Loeb a distinct advantage in evaluating every aspect of a client’s situation and working hand in hand with them to craft a business-focused strategy.
Leadership in Law
The 2012 edition of The Legal-500 United States once again named Loeb & Loeb as a leading law firm in its Data Protection and Privacy category. Describing the practice as “heavily involved in optimizing data on interactive and mobile platforms, developing global privacy compliance strategies and addressing technology and data security issues,” it lauded our attorneys’ expertise in “advising clients launching cutting-edge applications across emerging media platforms, establishing global privacy frameworks and creating international privacy and information security programs.” Members of the practice are also consistently recognized by Chambers and Partners, in its Chambers USA and Chambers Global guides, as leading lawyers in the areas of privacy and data security.
Our attorneys frequently speak and write on privacy and technology issues and regulatory developments. They also contribute to Loeb & Loeb’s Advanced Media and Technology Law Blog at www.MediaTechLaw.Loeb.com, providing news, commentary and analysis on developing legal issues in the advertising, media and technology areas.