Scott Lashway

Privacy and Cybersecurity

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Prior to returning to private practice, I was in-house counsel handling a wide variety of matters involving disputes, governance and compliance. Also, I am the host of Data on Demand: A Video Series by Manatt, which offers commentary and practical advice on the latest developments in the data privacy and cybersecurity space. Check it out here.

Professional Background

I co-lead Manatt’s privacy and data security practice and focus on the intersections of law, data and technology. I take pride in helping clients anticipate and manage governance, privacy and security risks, and investigations and litigation risk across a variety of industries by deftly guiding them through proactive advisory work, incident response and breach investigations, litigation, and government investigations and enforcement actions.

My work on cybersecurity and privacy matters dates back two decades, and over this period of time I’ve represented clients in a wide range of industries, including financial services, insurance and fintech/insurtech; technology, including ad-tech and mar-tech; life sciences; intelligence and data processing; professional services; transportation; education; and gaming and entertainment. My greatest accomplishments for my clients are those that avoid headlines and are rarely—if ever—heard of.

In particular, my emerging companies experience has included representing companies at all maturity levels, from their initial funding rounds to preparing for exit strategies. I routinely advise and consult with emerging company clients on growth strategy that leverages the available technologies and minimizes legal risk along the way. We always work to align our advice, strategy and tactics to the company’s business objectives.

Before joining Manatt, I was a partner at an international law firm, serving as co-chair of the cybersecurity, data breach and privacy team.

Representative Experience With Emerging Companies

  • Representing an early-stage technology company in devising data and technology strategies in the confines of applicable data privacy and security laws and risks in order to exploit market opportunities.
  • Represented a startup multimedia company with an international following against allegations involving data theft and raiding in a state court litigation, and proactively pursued claims concerning cyber espionage against former executives and employees.
  • Counseling an AI-powered direct mail and gifting platform on privacy and cybersecurity issues that involve the application of the data privacy laws to a sophisticated use of AI.

Areas of Focus

  • Cybersecurity
  • Health care, financial services and technology sectors

My Advice to Entrepreneurs
  1. Legal risk should present opportunities if your lawyer knows to think strategically and tactically.
  2. Keep your eye on the ball, and employ a trusted legal advisor who can help call balls and strikes for you on a regular and routine basis (without running up your bill).
  3. Do not invest your resources (money, time, people) without appreciating the risks down the road—including privacy, cybersecurity and technology risks. This is not a “day 2” problem for most startups, and so consider it today.