Privacy & Cybersecurity

Virtually every company collects and relies on some form of personal information, whether it be for human resources, marketing or providing services to customers. This information can be a company’s greatest asset, but it can also be a liability. Regulations governing the collection, processing and security of personal information have become increasingly complex.

Brownstein’s Privacy & Cybersecurity group assists clients in crafting privacy law compliance programs, developing data monetization strategies, minimizing risk, and negotiating appropriate privacy and data security provisions in contracts with clients’ vendors, customers and partners.

Adept at helping clients to identify what laws govern the personal information that they are collecting our attorneys assess whether a client’s current business practices are compliant with applicable privacy laws and develop strategies for attaining and maintaining privacy law compliance while achieving business objectives. We are equipped to help clients take advantage of the value of their information while protecting against the possibility of a data security breach, regulatory intervention or litigation. We also assist clients in heavily regulated industries (such as gaming, healthcare and financial services) in negotiating commercial agreements that flow down appropriate privacy and data security protections, in order to ensure that our client’s vendors and business partners are required to treat our client’s data in a manner that will not cause a violation of law for our client. Drawing on perspectives from both the private and public sectors, our team is prepared to address any privacy concern and provide a solution tailored to our client’s specific needs.

We can also assist clients in developing comprehensive data security breach response programs. In the event of a data security breach, we have the knowledge, expertise and resources to help our clients evaluate, manage and respond to the breach from a legal perspective. We assist clients in drafting data security breach notifications to affected data subjects and regulatory authorities and in mitigating legal exposure associated with a data security breach. Our first-class litigation team stands ready to defend clients against the shareholder derivative and class action lawsuits that increasingly follow a breach.

Beyond assisting clients with compliance-related matters, Brownstein attorneys and policy professionals are engaged in privacy policy making at the federal and state levels. In both Washington, D.C. and many state capitals around the country, our team regularly engages with key government officials in the legislative and executive branches to collaborate on the development of privacy laws and regulations. This experience on the front end of the policy-making process makes us especially capable of effectively representing clients facing legislative, regulatory, and enforcement scrutiny with respect to their privacy policies and practices.

Representative Matters
  • Negotiated a software license agreement between an online player management and casino platform provider and an online sportsbook provider to integrate their offerings and make the integrated offering available to online gaming operators.

  • Counsel to Caesars Entertainment Corporation in a multi-year sponsorship deal as the first ever Official Casino Sponsor of the NFL.

  • Counsel to a large, publicly traded casino and entertainment company in its licensing of a hosted online gaming suite of applications, including sports betting, gaming, online casino and player account management functionalities for use in support of its online and mobile gaming and sports betting offerings in multiple jurisdictions in the United States. Also, secured rights for the client to integrate such applications with a third party’s digital sports betting front end user interface to make the applications available to end users.

Publications

Meet The Team

Jonathan C. Sandler Shareholder T 310.564.8672 jsandler@bhfs.com
Gregory A. Brower Shareholder T 702.382.2101 gbrower@bhfs.com
Lise R. Carney Shareholder T 303.223.1283 lcarney@bhfs.com
Guy B. Sereff Associate T 303.223.1265 gsereff@bhfs.com
Richard B. Benenson Managing Partner T 303.223.1203 rbenenson@bhfs.com
David P. Cohen Shareholder T 202.872.5286 dcohen@bhfs.com