Data Strategy, Privacy & Security

Kasowitz has deep knowledge in the data, privacy and security sectors, and is familiar with the potentially existential risks faced by companies that rely on data as an engine of commerce and innovation.  Just as technology is rapidly evolving, so are the vast networks of global data, privacy and security obligations companies must navigate.  These threats can become “bet the company” issues that Kasowitz is well equipped to handle.

Our team consists of seasoned lawyers who have worked at or represented the largest and most innovative companies in the world, former regulators, and former government attorneys.  We leverage our extensive subject matter knowledge to support companies through global privacy and technology counselling, regulatory support in the privacy and security space, litigation, and incident preparedness and response.  Our team prioritizes practical and creative solutions that help companies achieve their business goals while efficiently and successfully navigating privacy and security risks. 

Global Privacy and Technology Counseling

Kasowitz is a proactive business partner, committed to assisting clients as they build creative, pragmatic and scalable solutions to support cutting-edge technologies.  Our team is led by a former Associate General Counsel at Meta, who also served as head of a global privacy team.  Our broad range of service offerings in this space include:

• Comprehensive Privacy Law Counseling: We advise clients on compliance issues concerning a wide range of State, Federal, and global privacy laws and regulations, including the GDPR, CCPA, and CPRA.  Among other things, we advise clients on an array of laws and regulations in the AI, biometrics, healthcare, and financial sectors, concerning unfair and deceptive business practices, content moderation, youth and educational data, marketing, invasion of privacy, and various other topics.
• Cross-border Data Transfers: We guide clients through the complexities of transferring data across borders, including compliance with international data transfer regulations.
• AI, Machine Learning, and Emerging Technology Counseling: We deploy a multi-disciplinary approach to ensure that privacy, IP, antitrust, trade secret and other legal obligations are met.  We have supported clients across a wide array of commercial sectors in connection with numerous technologies, including AI, blockchain, cloud storage services, VR, social media, web crawling, biotechnology, biometrics, medical devices, encryption, AdTech, chatbots and more.

Privacy and Security Regulatory Support & Defense

The privacy and security space is highly regulated, and our team has successfully resolved numerous regulatory inquiries with the FTC, state AGs, and other global data protection authorities on matters involving privacy, marketing, cybersecurity, among others.  We have an extensive bench of former regulators, government attorneys, and prosecutors with experience in cybercrime, wiretapping and related investigations.  Our service offerings include:

• Government Investigations: We represent clients in government investigations and enforcement actions related to data privacy, marketing, cybersecurity and other technology-related matters.
• Consent Order Compliance: We partner with clients to develop and maintain consent order compliance programs.
• Proactive Regulatory Engagement: We have seasoned practitioners who support proactive engagement with various regulatory bodies, to avoid risks before they arise.

Privacy and Security Litigation

Kasowitz regularly leverages its unparalleled litigation experience and extensive subject matter expertise in privacy and security to assist clients in matters involving:

• Privacy and Cybersecurity Litigation: We represent clients in a wide range of privacy and cybersecurity litigation matters.
• “Wiretapping” Litigation: Kasowitz has experience defending companies against wiretapping claims brought pursuant to the ECPA and other interception laws, particularly as related to various emerging technologies.  

Incident Preparedness and Response

Kasowitz assists clients to effectively prevent, mitigate and recover from various forms of cyber incidents. Our service offerings include:

• Incident Response Planning: We help clients develop and implement comprehensive incident response plans that utilize industry-wide best practices to prepare for, and respond to, data breaches, cybersecurity attacks and other critical events.  
• Tabletop Exercises: We partner with clients to conduct tabletop exercises that accurately simulate cyber incidents, responses and mitigation strategies, ensuring comprehensive preparation under real-world conditions.
• Data Breach Response: We tirelessly assist clients during and after cyber incidents, serving as a breach coach to analyze, evaluate and actively manage related legal exposure and other risks.