Privacy, Security & Data Innovations

From advertising technologies and connected cars to blockchain, artificial intelligence and machine learning, today’s businesses are powered by data—and face complex regulatory challenges as a result. At Loeb & Loeb, our Privacy, Security & Data Innovations team goes beyond traditional legal advice to deliver practical, business-focused solutions that help clients thrive in an increasingly digital and regulated world.

We partner with clients to harness the power of data responsibly and effectively. Our counsel reflects deep understanding of the platforms and technologies driving our clients’ operations, enabling us to design strategies that support innovation, compliance and competitive growth. We help businesses turn complex privacy requirements into actionable frameworks that scale. This depth of understanding allows us to craft legal strategies that enable innovation and competitive advantage in a manner consistent with evolving privacy regulations.

Our team is at the forefront of legal developments in the U.S., in Europe and around the world, working with policymakers, advocacy groups and industry associations to navigate developments in the legal landscape. And through our holistic, 360-degree approach to data—drawing on the experience of leading lawyers across corporate, advertising, entertainment, technology, life sciences, health and wellness, and financial services—we deliver comprehensive support for clients at every stage of data use and innovation.

We offer end-to-end privacy program support: from assessments and governance frameworks to operational implementation, monitoring and incident response. As savvy counselors and deal-makers who understand the technologies and platforms that are transforming today’s digital marketplace, our Privacy lawyers work on pioneering data transactions that enable clients to unlock value and create business opportunities from their information assets. Our clients range from global companies in regulated sectors to fast-growing startups with data at their core. No matter their stage or size, we help our clients use data as a strategic asset—safely, ethically and in compliance with the laws that govern today’s digital economy.

Our team offers a comprehensive range of services to support our clients at every stage, including:

We conduct in-depth privacy and security assessments of our clients’ products, services and third-party data flows, benchmarking them against regulatory standards and industry best practices. Through these audits, we deliver detailed gap analysis reports that pinpoint any areas where existing practices may fall short of legal requirements or company policies. Importantly, we don’t stop at identifying issues—we work alongside clients to implement remediation plans, which may include new workflows, improved consent mechanisms, enhanced security controls or revised contractual protections. We also offer ongoing privacy monitoring services. For example, we can perform regular checkups or provide quarterly compliance reviews to ensure that as your business evolves (and as laws change), your privacy program stays effective and up to date. Our lawyers stay current on the fast-moving regulatory landscape (from state consumer privacy laws to international data transfer rules) and will alert you to relevant changes, helping you adjust promptly. By marrying legal insight with continuous operational monitoring, we help clients maintain a strong privacy posture over the long term, not just at a single point in time.

Our team also performs cybersecurity risk and vulnerability assessments in connection with corporate transactions, product launches, data-driven marketing initiatives and other business activities. Whether you are maturing your program, preparing for a new law or an acquisition, our team helps ensure that your privacy and security practices won’t put your business goals at risk.

Our Data Privacy Litigation team represents clients in investigations, regulatory actions and litigation involving privacy, data security, technology, trade secrets and consumer protection. With strong trial experience, we combine regulatory insight with courtroom strength, defending class actions under state privacy laws, the Video Privacy Protection Act, federal and state wiretapping laws, and other novel uses of traditional law. We handle business disputes stemming from data breaches, ransomware and email compromises, and lead breach responses ranging from single notices to complex international incidents. We guide clients through national security reviews, including matters before the Committee on Foreign Investment in the United States, and respond to investigations by the Department of Justice (DOJ), Federal Trade Commission (FTC), Securities and Exchange Commission and state attorneys general. Our team also advises on cross-border data issues and leads litigation involving emerging technologies such as artificial intelligence, blockchain and automation.

In addition to advising on laws and regulations, we roll up our sleeves to help clients build and run their privacy and data governance programs. Our team can embed with in-house privacy and security staff or serve as an outsourced privacy officer to design and implement the frameworks that keep your organization compliant. We assist in developing enterprise-wide privacy policies, procedures and playbooks tailored to your business, and we provide operational support at every stage—from managing consent requirements and consumer privacy requests to monitoring day-to-day privacy compliance. We work hand in hand with your teams to implement governance structures and workflows that make privacy an integral part of your operations. We also offer customized training programs for executives and employees, ensuring that privacy principles are understood and followed on the ground. While some law firms stop at high-level counsel, we go further to make sure our clients have the processes, people and tools in place to effectively manage privacy and security risks in real time.

Our lawyers are not only counselors but also strategic partners in innovation. We regularly work with product development teams and startups launching data-driven products to embed privacy and security by design. From the earliest stages of concept and design, we advise on how to collect, use and share data responsibly, enabling our clients to pursue cutting-edge business models while meeting regulatory expectations. In addition, our team has extensive experience in privacy and cybersecurity aspects of transactions, drafting and negotiating deals where data is being sold, purchased or licensed. We draft and negotiate data protection terms in commercial agreements, such as data licensing deals, cloud services contracts and strategic partnerships, to safeguard our clients’ interests and compliance. By combining dealmaking acumen with deep privacy knowledge, we help clients unlock the value of their information assets through partnerships and acquisitions—all with an eye toward minimizing risk and maximizing the business opportunity of data.

Many of our clients collect, store and transmit data across international borders. We have in‑depth knowledge of international data protection laws and U.S. data transfer restrictions, including the DOJ National Security Division Data Security Program. Our U.S.-based and China-based teams work together closely to navigate the national security considerations involved when U.S. companies do business in China. As requirements for cross-border data flows evolve, we counsel clients on multijurisdictional data audits and security programs to support cross-border data transfers and offshore outsourcing of data processing activities. We assist clients with comprehensive GDPR compliance programs and routinely provide counsel with respect to the EU-U.S. Data Privacy Framework and other international privacy frameworks. Our U.S.-based team includes experienced CIPP/US/E- and CIPM-certified privacy professionals supported by a close network of local resources in the EU and other jurisdictions.

From state and federal laws regarding age-restricted marketing and data usage, commercial email marketing, and telemarketing (e.g., VPPA, COPPA, CAN-SPAM and the TCPA) to sweeping global privacy directives, we help clients navigate the many nuanced and evolving privacy and regulatory frameworks. Our lawyers are at the cutting edge of new privacy law and compliance trends, including those related to blockchain as a privacy solution, AI and automated decision-making, and other emerging areas.

We also routinely advise clients on all the FTC’s privacy initiatives, providing analysis of laws, rules and recent enforcement actions, and we represent clients in FTC investigations and enforcement proceedings.

In the event of a data breach or security crisis, our lawyers are first responders. We have guided clients through hundreds of cybersecurity incidents, from isolated phishing attacks to large-scale network intrusions, with a focus on containing risk and meeting all legal notification obligations. Our team can mobilize quickly to provide a coordinated response plan, including forensic investigators and crisis communication experts with whom we maintain strategic partnerships to minimize damage and liability.

What truly sets us apart, however, is our emphasis on cyber readiness before an incident ever occurs. With deep understanding of our clients’ data assets, data flows, security protocols and optimization strategies, we are able to develop tailored and effective response plans and crisis management materials in preparation for potential adverse data incidents. We help clients conduct tabletop breach simulations and provide employee breach response training. From immediate breach counseling to long-term cyber resilience strategy, we offer a comprehensive approach that protects our clients’ data, reputations and business continuity.

To help clients stay ahead of the curve, our practice offers innovative tools and resources that make privacy compliance more efficient. We have developed a proprietary app, our Privacy Law Resource Center, which helps clients navigate the complex web of privacy and breach notification laws.

In addition, we provide a Privacy Program Starter Suite, a comprehensive set of template policies, notices, assessment checklists and vendor contract clauses, which serves as a strong foundation for launching or enhancing a privacy program. These templates are continuously updated to reflect the latest regulatory requirements and best practices. Our team works with clients to customize the documents and integrate them into daily operations. By coupling our legal guidance with these practical tools, we empower clients to implement privacy controls faster and with confidence. This commitment to useful, technology-driven resources is part of our broader strategy to deliver actionable, business-friendly solutions, not just legal opinions.

Loeb’s Privacy, Security & Data Innovations practice offers clients a technology-focused, commercial approach and practical, business-minded guidance in the following core industries:

Media, Advertising Technology & Consumer Targeting

Our lawyers are well known for leading-edge work helping the world’s largest media companies, advertisers and agencies employ and adapt new data-driven tools and technologies to reach and engage with consumers. We provide sophisticated privacy counsel and transactional advice in data-sharing agreements involving social media, behavioral advertising and geotargeting, programmatic buying, cross-device tracking, wearables, and other emerging communications and business practices.

Automotive & Connected Vehicles

We work with companies leveraging connectivity and mobility across virtually every industry and market, with a particular depth of experience advising on data privacy issues related to connected and autonomous vehicles and other emerging automotive technologies.

Retail, e-Commerce & Retail Media

Our Privacy, Security & Data Innovations team works with leading retailers, direct-to-consumer brands and e-commerce platforms to help them build privacy-forward digital experiences that drive business while meeting evolving consumer privacy expectations and regulatory requirements. We advise on every aspect of the data life cycle in retail—from data collection, consent and personalization to third-party marketing partnerships, loyalty programs and data monetization strategies. Children’s privacy is one of the most highly regulated—and scrutinized—areas of data protection. Our Privacy, Security & Data Innovations team works with leading kids-directed platforms, toy manufacturers, game developers and education technology providers to design and manage compliant, ethical data practices from the ground up.

Kids’ Privacy & Education Technologies

We counsel clients on the full range of U.S. and global laws governing children’s and students’ data, including the COPPA, FERPA, state-level student data privacy laws and emerging global standards. Whether you’re building a direct-to-child app, marketing an educational product to schools or managing a third-party edtech marketplace, we help you navigate the legal, operational and reputational risks at play.

Financial Privacy & Data Security

We regularly counsel on regulatory compliance requirements for the financial services industry, advising financial institutions and service companies, including fintech enterprises, on global data security and privacy-related matters. Our experience includes assisting clients with privacy issues related to payments technology and e-commerce systems, including integration of AI and machine learning, and representing companies before federal banking regulators, the FTC, and other domestic and foreign regulatory agencies.

Health-Related Privacy and Information Security

Loeb & Loeb advises a wide range of clients in the health care, health and wellness, and health-tech sectors—including pharmaceutical and biotech companies, medical device manufacturers, and health care providers and insurers, as well as direct-to-consumer wellness platforms and fitness companies—on compliance with HIPAA and other federal and state privacy laws governing health information. We counsel clients on ethical, responsible and effective ways to optimize their data assets while safeguarding patient and customer health care data in an increasingly complex regulatory environment.