Privacy, Cybersecurity & Technology Law
Privacy, Cybersecurity & Technology Law
Aronberg Goldgehn’s Privacy, Cybersecurity & Technology Law practice was established to offer our clients diverse industry experience in transactions, compliance and dispute resolution, combined with substantial knowledge of the latest laws and practices in privacy, cybersecurity and technology law.
Privacy & Cybersecurity Law
In the area of Privacy & Cybersecurity, Aronberg Goldgehn attorneys advise on implementing strategies to meet state, federal and international legal requirements, represent clients before regulatory bodies, and serve as the quarterback and crisis manager during incident response to mitigate loss and ensure compliance with the law. We often serve as Outside Privacy Officer to our clients, providing advice and counsel to the executive suite and Board of Directors, while developing an intimate understanding of the business in order to help maintain compliance, prepare for a data incident and, where feasible, avoid the occurrence of incidents.
Our practice offers a full array of services, including:
- Developing compliance programs and providing day-to-day compliance counseling
- Providing legislative and regulatory advocacy services
- Assisting with incident investigations and responses
- Handling regulatory investigations
- Structuring business relationships in a manner sensitive to cybersecurity, privacy and data protection concerns
- Litigating matters in federal and state courts at both the trial and appellate levels
Our experience includes advising clients on an array of privacy laws. These include, but are not limited to the:
- Biometric Information Privacy Act (BIPA)
- Children’s Online Privacy Protection Act (COPPA)
- Computer Fraud and Abuse Act (CFAA)
- Data Breach Notification laws
- Electronic Communications Privacy Act (ECPA)
- Fair and Accurate Credit Transactions Act (FACTA)
- Fair Credit Reporting Act (FCRA) and State Credit Reporting Laws
- EU General Data Protection Regulation (GDPR)
- U.S.-EU Privacy Shield
- Telephone Consumer Protection Act (TCPA) and state telemarketing laws
- The Telemarketing Sales Rule and the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act
- Video Privacy Protection Act (VPPA)
- FTC Red Flags Rule
In addition, our lawyers are experienced in handling data privacy matters relating to consumer-focused advertising and shopper data tracking, evaluating contemplated marketing activities and communications channels to ensure compliance with federal and state privacy laws, and counseling clients on the capture, retention and dissemination of PII.
We assist clients by mapping and auditing information flows and processes; determining obligations as a data controller and/or processor; reviewing how personal information is sought, obtained and recorded; assessing and enhancing policies and security measures, such as the completion of a Data Protection Impact Assessment, and the development of a Written Information Security Plan (“WISP”); reviewing breach notification and data retention policies; and reviewing individual access rights and international data transfers.
Our areas of focus include:
- Data Breach Preparedness and Response
- Critical Infrastructure Cybersecurity
- Government Contracting
- Health Information Privacy and Security
- Communications and Information Technology
- Government Relations and Advocacy
- Employee Data Privacy
- Consumer Data Privacy
- Financial Data Privacy
Whether our clients are developers, providers, owners, customers or investors, their business goals are closely aligned with their technology assets. Aronberg Goldgehn handles their most complex and strategic technology and intellectual property transactions, including the acquisition, development, adoption and commercialization of new technologies and IP assets.
Our attorneys are well-versed in the areas that are important to our clients’ businesses, including intellectual property protection, development transactions, strategic alliances, distribution issues, outsourcing, commercial contracts and disputes, transactions related to data and databases, and emerging technology.
Our attorneys structure and negotiate agreements and provide business-oriented advice in complex technology and IP-related transactions, including:
- Mergers and Acquisitions
- Business Critical Computer Systems Acquisitions
- Software, Data and Information Technology Licensing and Procurement
- Outsourcing Arrangements
- Strategic Alliances
- Development, Collaboration, Joint-Venture and Distribution Deals
- Emerging Technology
We bring added value to a transaction based on our deep understanding of not only the legal issues, but also the technological and business issues that arise in a range of sectors such as:
- Augmented Reality & Virtual Reality
- Artificial Intelligence & Robotics
- IoT, Connected Devices & Big Data
- Software, Cloud & As-a-Service Technologies
- Electronic Health Records
- Satellite Communications
Our technology lawyers actively counsel clients with respect to IP protection strategies, open source licensing, compatible development, participation in standards development bodies, and related areas.
We also conduct diligence investigations and negotiate terms regarding IP ownership and technology dependencies in connection with internal IP audits, mergers and acquisitions, public offerings, and other strategic transactions.
We often assist clients in disputes concerning technology, including failed computer systems acquisitions and failed website development agreements. Using our experience and knowledge of technology, business, the dispute resolution process and our clients’ industries, we are able to assist clients in obtaining favorable settlements in many disputes before going to trial. In other cases, where necessary, we have gone to judgment on behalf of our clients.
- "Biometrics Information - Permanent Personally Identifiable Information Risk," Business Law Today, an American Bar Association publication, Jan. 2019
- "Drone Technologies: Business Opportunities & Legal Risks," Fine Print, an Ohio State Bar Association publication, Fall 2016
- "New York's Proposed Cybersecurity Requirements for Financial Services Companies - Ripple Effect Across the Financial Services Industry," LinkedIn, Oct. 27, 21016
- "Privacy Shield," Wolters Kluwer's Securities Regulation Daily, Sept. 8, 2016
- "Leadership and Cybersecurity," Information Technology & Intellectual Property (ITIP Alert), July 14, 2016
- "Drone Technologies in Business," Information Technology & Intellectual Property (ITIP Alert), July 14, 2016
- "Cybersecurity and the SEC," Information Technology & Intellectual Property (ITIP Alert), July 14, 2016
- "TCPA Violations: An Unexpectedly Expensive Marketing Technology," Chicago Lawyer, Dec. 2013
- "High Court Upholds 'First-Sale' Doctrine," Chicago Lawyer, July 2013
- "Computing Connectivity Risks," Chicago Lawyer, March 2013
- "Enforceable Digital Contracts," Chicago Lawyer, December 2012
- “As Mobile Apps Grow, So Do Potential Problems,” Chicago Lawyer, October 2012
- Cybersquatting Violations, Chicago Lawyer, August 2012
Alan handles the complex technology, IP and privacy/cybersecurity issues that challenge clients in the evolving technology marketplace.... Read More