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

Technology Law

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
  • Licensing
  • 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
  • FinTech
  • IoT, Connected Devices & Big Data
  • Software, Cloud & As-a-Service Technologies
  • Electronic Health Records
  • Satellite Communications
  • Drones
  • E-Commerce

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.

Related Publications

Alan Wernick to Co-Present "IP Protection for Mobile Apps"

IP Protection for Mobile Apps will be the topic for a 90-minute webinar featuring Aronberg Goldgehn attorney Alan Wernick on Thursday, April 4, 2024.... Read More

Alan S. Wernick Weighs in on BIPA and Collective Bargaining Agreements

Alan discussed the court's ruling that unionized employees are not prohibited from seeking redress for a violation of their right to biometric privacy held under the Biometric Information Privacy Act.... Read More

Alan S. Wernick Shares Insights on Statute of Limitations for BIPA Violations and Accrual of Claims Under BIPA

Alan analyzes recent BIPA cases decisions related to statute of limitations and the claims accrual process.... Read More

Alan S. Wernick to Share How General Counsel Can Best Prepare and Respond to Cybersecurity Threats and Breaches in a General Counsel Conference Midwest Presentation

Alan S. Wernick will join co-presenters to discuss how companies can best protect themselves from cybercrime at the General Counsel Conference Midwest on Tuesday, June 14.... Read More

Alan S. Wernick Weighs in on Recent Decisions Concerning BIPA and Workers' Rights in ABA's Business Law Today and Month-In-Brief: Internet Law & Cyber-Security Sections

In the American Bar Association's Business Law Today and Month-In-Brief sections, Alan S. Wernick discussed updated BIPA policies relating to the Workers' Compensation Act and collective bargaining agreements.... Read More

Alan S. Wernick Discusses Inadequate Disclosure Controls and Procedures and SEC's Enforcement Actions in ABA's Business Law Today

In an October ABA Business Law Today article, Alan S. Wernick examines FAFC's cybersecurity disclosure controls failures and the SEC's increase of cyber threat enforcement.... Read More

Alan S. Wernick Examines 7th Circuit Appellate Court Decision Regarding BIPA and Collective Bargaining Agreements in Business Law Today

Alan S. Wernick reviewed the September 2021 appellate court decision impacting employers utilizing biometric processes or devices for their workforce in an article published by the American Bar Association's Business Law Section.... Read More

Alan S. Wernick to Share Estate Planning Cybersecurity Insights in DCBA Webinar

Alan S. Wernick will discuss cybersecurity issues concerning estate planning and probate law in an upcoming DCBA webinar on October 29.... Read More

Cybersecurity and Privacy Law Trending Now: Businesses with Illinois Employees and/or Customers Face Wave of Class Action Lawsuits Resulting from Collection of Biometric Information

Any non-governmental entity collecting or using biometric information in Illinois must comply with the Illinois Biometric Information Privacy Act.... Read More

35 Aronberg Goldgehn Attorneys Honored as Leading and Emerging Lawyers in 2021 Lists

Leading Lawyers Network recognizes 35 Aronberg Goldgehn attorneys in the 2021 Leading and Emerging Lawyer lists.... Read More

Eighteen Aronberg Goldgehn Attorneys Named 2021 Illinois Super Lawyers and Rising Stars

Aronberg Goldgehn congratulates its 18 attorneys that have been selected to the 2021 Illinois Super Lawyers and Rising Stars lists.... Read More

IP Law Trending Now — Consolidated Appropriations Act for 2021 Sweeps the Trademark Modernization Act into Law as Well

The President signed the Consolidated Appropriations Act for 2021 in late December 2020. Buried within the bill was the Trademark Modernization Act ("TMA") which includes a number of amendments to the Lanham Act.... Read More

Alan S. Wernick Shares Insights on IP Rights and Mobile Apps in Strafford Webinar

Alan S. Wernick discusses strategies to implement and enforce intellectual property rights when using applications on mobile devices and address data privacy/cybersecurity issues in the development of mobile apps.... Read More

Alan S. Wernick Presenting "Privacy/Cybersecurity Issues in Virtual Mediation" at the Chicago Bar Association's Advanced Workshop for Improved Negotiation and Mediation Skills

The online workshop begins November 11, 2020.... Read More

John C. Sciaccotta and Alan S. Wernick Serving as Mediators for the Chicago Bar Association's Newly Launched Mediation Service

John is one of the co-founders of the CBA's Mediation Service.... Read More

Alan S. Wernick's Article "Mergers & Acquisitions: Cybersecurity Traps for the Seller & Buyer" Published in Wolters Kluwer's Securities Regulation Daily

The article appears in the August 5, 2020, edition of the Daily.... Read More

Twenty-Nine Aronberg Goldgehn Attorneys Named Illinois Leading Lawyers

Anderson, Bannon, Brodsky, Christman, De Preter, Frank, Garmisa, Gilman, Hanekamp, Hayes, Holisky, J. Johnson, Lazzara, Lichtenstein, Melamed, Morris, T. Nelson, C. Niro, B. Niro, Robertson, Schlifke, Scholl, Sciaccotta, Sodikoff, Stark, Warren, Wernick, Zaban and Zaslavsky named Leading Lawyers.... Read More

Six Aronberg Goldgehn Attorneys Named Emerging Lawyers By Illinois Leading Lawyers

Staci Balbirer, Amy M. Gibson, Benjamin Haskin, David A. Johnson, Jr., Amber O. LaFevers and Lindsay P. Lollio have been named Emerging Lawyers for 2020 by Illinois Leading Lawyers.... Read More

Alan Wernick Presenting "Mergers & Acquisitions: Cybersecurity Traps for the Seller & Buyer"

Alan will present on the topic on July 8, 2020, at a live CLE webinar for the Ohio State Bar Association.... Read More

Business Law Alert - Mergers & Acquisitions: Cybersecurity Traps for the Seller & Buyer

This alert discusses M&A transactions impacted by a data breach, anecdotal observations from the C-Suite, costs related to a data breach, and due diligence considerations.... Read More

Alan Wernick Presenting "Online Dispute Resolution, Cybersecurity, and Data Breaches - What Do They Have To Do With ADR or Being an Arbitrator and/or Mediator?"

This American Arbitration Association webinar takes place April 29, 2020.... Read More

Alan S. Wernick Selected to Who's Who Legal: Data 2020

Alan is among just 16 Illinois lawyers who have been named to the list, which recognizes the leading lawyers in the areas of data privacy and protection, data security, information technology and media.... Read More

Alan Wernick Presenting "Illinois Biometric Information Privacy Act (BIPA)" at the Northbrook Chamber of Commerce's February Lawyers Networking Lunch

The networking lunch takes place on Feb. 26, 2020, from 11:45 a.m. to 1:15 p.m.... Read More

Eight Aronberg Goldgehn Members Named Super Lawyers By Illinois Super Lawyers

Chris Bannon, Jay Frank, Tom Hanekamp, Julie A. Johnson, Bill Niro John C. Sciaccotta, Blooma Stark and Michael A. Zaslavsky have been selected as Illinois Super Lawyers for 2020.... Read More

Seven Aronberg Goldgehn Attorneys Named Rising Stars By Illinois Super Lawyers

Staci Balbirer, Amy Gibson, Ben Haskin, David Johnson, Lindsay Lollio, Tim Nelson and Chris Niro have been named Rising Stars by Illinois Super Lawyers.... Read More

Alan Wernick Blogs About "Biometric Information Privacy Laws" for the International Legal Technology Association

The Jan. 12, 2020, post describes biometric business applications presently used and highlights some legal developments regarding biometrics privacy.... Read More

David Johnson and Alan Wernick Presenting "The Illinois Biometric Information Privacy Act Impact on Business" at a Decalogue Society of Lawyers CLE Program

David Johnson and Alan Wernick will present on Jan. 30, 2020, from 12:15 p.m.-1:15 p.m.... Read More

Alan S. Wernick Co-Presenting "The Biometric Information Privacy Act After Rosenbach: A Survey Of the Legal Landscape," at the CBA's Labor & Employment Law Committee's December Meeting

Alan will speak on Dec. 11, 2019, at the CBA headquarters.... Read More

Prominent Technology Law Attorney Alan S. Wernick Has Joined Aronberg Goldgehn in Its Newly Formed Privacy, Cybersecurity & Technology Law Practice Group

Alan handles the complex technology, IP and privacy/cybersecurity issues that challenge clients in the evolving technology marketplace.... Read More