Overview
Amundsen Davis's Data Privacy and Security Practice is comprised of a multidisciplinary team of lawyers, who understand that companies, large and small, are constantly trying to navigate the legal implications of data, or cyber security and data privacy. Our attorneys counsel clients, in a variety of industries and sectors, on privacy matters, which can include data mapping and privacy audits and the tailoring of both internal and outward facing policies.
We collaborate closely with our clients in risk mitigation and ensuring compliance with a range of standards including PCI, GDPR, HIPAA and HITECH, CCPA compliance and BIPA. Our services extend to managing employee privacy requirements, record retention and electronic discovery assessments, click-wrap agreements, and adherence to consumer statutes such as the CAN-SPAM Act and the TCPA.
Our role as trusted advisers includes developing incident response plans and serving as breach coaches in the wake of data incidents. With years of experience, our team assists clients in preparing for, responding to and litigating the aftermath of data breaches. We leverage our network of forensic experts and privacy professionals to provide advice on emerging vulnerabilities, cyber threats but also counsel on how to respond to data incidents swiftly, efficiently and with an eye toward getting the business back up-and-running securely. We understand that while data incidents, like ransomware attacks, happen at an alarming pace, the experience for our clients is personal and a chief concern can be preserving your brand post-incident.
Beyond cyber attacks, we address internal challenges such as employee errors that can lead to significant financial repercussions or trigger notification obligations due to unauthorized information sharing. Our extensive experience spans diverse sectors, including health care, financial services, public entities, nonprofits, technology support services, and small to mid-size firms.
We also defend businesses in critical situations, handling everything from class action lawsuits based on federal, state, and local statute violations to specific industry claims, such as breaches in the health care sector or failures in HIPAA and HITECH compliance.
Our global network of privacy professionals enables us to develop broad-based strategies for addressing cybersecurity, data, and privacy issues worldwide.
Our capabilities include:
- Defense of clients against class action data breach litigation based on alleged unauthorized releases of data and misuse of data based upon alleged breaches.
- Review and revision of current security policies and procedures in connection with data collection and data review. We evaluate vulnerabilities and ensure compliance with applicable laws and regulations.
- Assistance in the development of internal policies and procedures that are consistent with consumer protection regulations, data privacy practices, notification requirements, state and federal privacy laws and whistleblower laws to navigate the best methods for the collection and storage of company data.
- Assistance in consumer facing policies and agreements to reflect the cyber-hygiene practices of the company, as required by law, and developing mechanisms for obtaining necessary opt-in and consent for collection of data.
- Audit existing procedures and practices consistent with industry standards and legal requirements to reduce the risk of a data breach.
- Serving as a breach coach: coordinating and implementing the incident response plan or data breach plan, which includes a team of forensic, security, public relations and insurance professionals.
- Crafting a data incident response tailored to our clients’ needs and brand, including notifying affected customers, employees, business partners and regulators in accordance with state and federal laws.
At Amundsen Davis, we commit to safeguarding your business's data, privacy, and overall operational integrity through our comprehensive legal services.
Meet Amundsen Davis's Cybersecurity & Data Privacy Service Group:
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During this presentation Molly Arranz and John Ochoa will review data privacy and security concerns for employers, including concerns related to the Biometric Privacy Act and the Genetic Information Privacy Act. They will review best practices and policies employers should have in place to avoid legal pitfalls.
The Biometric Illinois Privacy Act (BIPA) was enacted over 12 years ago and many questions are still being battled in court as employers and employees continue to navigate this biometric privacy law.
- Best Practices for Protecting Your Customers – and Your Bank – Against Wire Transfer FraudBest Practices for Protecting Your Customers – and Your Bank – Against Wire Transfer Fraud
Join Ron Balfour at the Indiana Bankers Association’s 2024 Annual Cyber, Fraud, & Physical Security Conference where security experts will heighten your awareness of trends seen in the industry and industry experts will help identify concerns of the moment as well as the near and far future.
- BIPA Reform on the Horizon: Illinois Legislature Passes Significant Legislation Eliminating Per-Scan DamagesBIPA Reform on the Horizon: Illinois Legislature Passes Significant Legislation Eliminating Per-Scan Damages
The first—and a significant—amendment to the Illinois Biometric Privacy Act (BIPA) has just passed both chambers of the Illinois legislature and is headed to Governor Pritzker for approval. SB2979 amends BIPA to address the troubling trend of litigants seeking per-scan damages under BIPA, where a handful of enterprising attorneys have, and continue to file, single-plaintiff cases seeking damages on a per-scan basis that exceed six-figures for a single individual.
- Illinois’ Genetic Information Privacy Act: Litigation Trends in 2024 and BeyondIllinois’ Genetic Information Privacy Act: Litigation Trends in 2024 and Beyond
The Illinois’ Genetic Information Privacy Act (“GIPA”) has been Illinois law for over twenty years. Yet, only in the last year or two has there been an explosion of lawsuits being filed against companies in various industries, all alleging violations of the statute.
- Molly Arranz and Sofia Valdivia Receive Law360 Distinguished Legal Writing AwardMolly Arranz and Sofia Valdivia Receive Law360 Distinguished Legal Writing Award
Congratulations to Molly Arranz and Sofia Valdivia on being named "2024 Law360 Distinguished Legal Writing Award" winners!