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Compliance, Regulatory, Legislative, and Enforcement

Our team's focus is consistently on emerging new regulations and legislation as the landscape for information security rapidly evolves. We are able to advise clients on such emerging law as it becomes a part of the existing framework of data security regulation, including Section 5 of the Federal Trade Commission Act; federal and state laws relating to security standards and disclosure of security breaches; and the sector-specific information security requirements that apply to entities regulated by the financial regulatory agencies, the Securities and Exchange Commission, the Department of Health and Human Services, the Food and Drug Administration, and the Federal Communications Commission. In all of these contexts, we regularly work with clients on compliance matters; security policies (in privacy policies or issued on a stand-alone basis); participation in regulatory, policymaking, and standards-setting proceedings; and counseling and preparation for potential enforcement proceedings.

More specifically, our lawyers advise clients on business and compliance matters under federal laws applicable to computer crime, electronic surveillance, and consumer protection, including the Electronic Communications Act (Wiretap Act and Stored Communications Act), the Computer Fraud and Abuse Act, the Foreign Intelligence Surveillance Act, the Telephone Consumer Protection Act, the Junk Fax Prevention Act, and the CAN-SPAM Act, as well as under related federal and state statutes, executive orders, and other legal authorities. We are also regularly involved in the development and execution of legislative strategies relating to efforts to amend these statutes or to enact new legislation. When our clients are engaged in electronic commerce, we advise on the laws applicable to their conduct, including the legal regimes governing various means of communicating with customers and potential customers and the protection of customer information.

In cases involving sophisticated computer crime, our substantial experience in conducting and overseeing forensic investigations enables us to serve our clients' interests in matters involving criminal investigations by the Federal Bureau of Investigation, the Secret Service, and the US Department of Justice, as well as in related civil litigation and other proceedings.