Data increasingly powers the economy in our borderless digital world. We keep you on track as technology and privacy regulations evolve, and vigorously defend you if the need arises.
New technology, new rules
Privacy and data security are fundamental to maintaining a competitive advantage and managing your company’s risk.
An increasingly valuable asset for every company, data must be handled sensitively. And as technology and the law evolve, everyone has to continuously keep up with data compliance regulations.
In the absence of clear directives and stable legal standards, our team is at the forefront of shaping the law—advising both policymakers and businesses.
As part of Manatt’s mission to provide top-of-the-line experience and knowledge most efficiently to our clients, our team offers a comprehensive combination of lawyers, technologists and non-lawyers with extensive privacy and data security experience.
Compliance and consulting
Our priority is to help you protect your interests, exploit your assets and stay on the right side of the law. We provide more than legal defense; we limit your exposure through proactive advisory services, policies, response plans and strategic management.
Our team has substantial prior experience at in-house compliance legal departments where they designed and implemented data governance strategies and analyzed privacy-related enterprise risks on a regional and global scale.
We take a unique and innovative approach to information governance and privacy compliance, particularly in assisting clients to prepare for the California Consumer Privacy Act (CCPA) and the European Union’s General Data Protection Regulation (GDPR). Data mapping and records inventory can be protracted and resource-intensive activities for clients. To assist in reaching the greatest value and appropriate staffing for our clients, we employ a hybrid solution, which incorporates a technical yet personalized legal and business services approach. Through deployment, project management and oversight of nonlegal services-based vendors, our team minimizes the labor-intensive nature of data mapping and delivers the highest-standard and best-value work to you.
Finally, with team members experienced at the highest levels of government, we’re a leading voice in shaping policy, regulation and laws in Sacramento and Washington. We keep abreast of legislative developments in privacy and data security in real time to keep clients informed and nimble in a shifting landscape.
Incident response and crisis management
We are well aware of the time-sensitive needs of clients faced with a suspected data security incident. Our team has extensive experience advising clients on both the immediate and long-term issues faced by an entity that experiences a suspected security incident of any type. We work closely with internal and external response teams, including forensic investigators and other service providers.
In addition, our proactive incident readiness advisement includes preparing appropriate and effective data security policies—technical, legal and regulatory—and response plans.
In the event of an adverse incident, we can provide legal and technical assistance to assess and limit the damage. This includes:
- Providing strategic management of the event, including navigating the regulatory and compliance obligations, notification requirements, and brand and media management
- Working with best-in-class third-party vendors (e.g., forensics, public relations) to determine the nature, origin and extent of the breach and recommend appropriate corrective actions
- Proactively working to mitigate litigation and regulatory risks
Litigation defense and litigation avoidance counseling
We defend clients in privacy- and data security-related litigation. Our seasoned trial team has a proven track record of success in and out of court in defending against individual and class actions arising from data breaches.
Manatt has also achieved precedent-setting litigation victories across the country and is one of the foremost defense counsel in Telephone Consumer Protection Act (TCPA) litigation. The team defends national retailers in class litigation alleging consumer privacy violations under state privacy statutes, including under the Fair Credit Reporting Act (FCRA) and Section 17200.
Who we work with
Our clients cover the spectrum of the “old” and “new” economies. They’re the brands you know and use, on- and offline. Our support is particularly valuable for people and companies in areas such as:
- Retail and consumer products
- Digital media and advertising
- Education technology
- Financial services and insurance
What we do
- Proactive advisory services on policies, response plans and strategic management
- International compliance advice, including the European Union’s General Data Protection Regulation (GDPR)
- State and federal consumer protection and privacy laws, including the California Consumer Privacy Act (CCPA)
- Compliance with healthcare privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA)
- Negotiation of data-sharing agreements
- Compliance with the Children’s Online Privacy Protection Act (COPPA)
- Litigation and damage limitation after breaches
- Insurance recovery