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
- HIPAA
- 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
- "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
- "Death and the Digital Age," Chicago Lawyer, April 2012
- "Copyright: It's the Law and Facts," Chicago Lawyer, February 2012
- "Data Breach Notice Laws Are Changing," Chicago Lawyer, November 2011
- “Turning Up the Heat on Spam,” Chicago Lawyer, September 2011
- “Be On Guard or Pay the Price,” Chicago Lawyer, July 2011
If your business collects, or is considering collecting, biometric data, you should be aware of a proposed change in the Illinois Biometric Privacy Act ("BIPA").... Read More
Alan Wernick to Co-Present "IP Protection for Mobile Apps"
04.03.24
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
04.24.23
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 analyzes recent BIPA cases decisions related to statute of limitations and the claims accrual process.... Read More
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
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
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 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
10.26.21
Alan S. Wernick will discuss cybersecurity issues concerning estate planning and probate law in an upcoming DCBA webinar on October 29.... Read More
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
02.09.21
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
01.29.21
Aronberg Goldgehn congratulates its 18 attorneys that have been selected to the 2021 Illinois Super Lawyers and Rising Stars lists.... Read More
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
12.01.20
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
The online workshop begins November 11, 2020.... Read More
John is one of the co-founders of the CBA's Mediation Service.... Read More
The article appears in the August 5, 2020, edition of the Daily.... Read More
Twenty-Nine Aronberg Goldgehn Attorneys Named Illinois Leading Lawyers
07.08.20
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
07.08.20
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"
07.02.20
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
05.26.20
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
This American Arbitration Association webinar takes place April 29, 2020.... Read More
Alan S. Wernick Selected to Who's Who Legal: Data 2020
02.13.20
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
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
01.29.20
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
01.29.20
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
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 will present on Jan. 30, 2020, from 12:15 p.m.-1:15 p.m.... Read More
Alan will speak on Dec. 11, 2019, at the CBA headquarters.... Read More
Alan handles the complex technology, IP and privacy/cybersecurity issues that challenge clients in the evolving technology marketplace.... Read More