Consumer confidence and safety concerns over personal data related to technologies and digital products increasingly result in investigations by regulatory authorities, consumer class and collective actions, and securities and derivatives litigation. Through our compliance and risk management counseling, we work with clients to minimize their risk of becoming the target of investigations. In addition, we have had great success assisting clients in resolving government inquiries and investigations before they become litigation. We also counsel on federal, US State, UK and EU privacy-related legislation and rulemakings, including self-regulatory efforts to develop and implement new standards and best practices.
At Reed Smith, we offer a trusted voice in crisis management response involving the full spectrum of data and technology-related issues, including:
Advising in relation to Federal Trade Commission (FTC) inquiries and orders, including on privacy, data security, consumer protection, biometrics, and children’s issues in investigations and enforcement actions, especially where parallel federal investigations, including criminal matters, Congressional oversight, class actions, and state attorneys general inquiries, are present.
Navigating responses to Section 6(b) compulsory inquiries, access letters, and civil investigative demands (CIDs), and representing clients in rule- and guide-making proceedings, especially on significant matters of policy and administrative law.
Advising as you prepare for an audit, investigation or dawn raid by regulators such as the Information Commissioner’s Office (ICO) or Hesse, and authorities in Asia Pacific.
Defending you against data subject request claims and subsequent investigation in the EU, for example, by the ICO and other authorities in Asia Pacific.
Guiding officers, directors and senior executives in discharging fiduciary duties proactively and reactively in all aspects of information-centric risk management.
Minimizing liability exposure from state attorneys general (AGs), including ascertaining prospective risks, advancing policy and legislative solutions, and obtaining favorable, or minimizing unfavorable, outcomes.
Advising on testimony for Congressional investigations and related oversight, including developing comprehensive strategies that address related civil, criminal, state attorneys general, inspector general, Government Accountability Office and other regulatory investigations.
Advising on potential matters of national security involving technology and data sharing practices, including by the Committee on Foreign Investment in the United States (CFIUS).
Supporting boards of directors and executive management in discharging their responsibilities to oversee data and technology programs and practices.
Participating in legal and public policy debates on privacy, data and cyber security, and critical infrastructure matters in industry and government, including advising on the implications of legislation and regulations.
Obtaining and recovering insurance claims, investigations and losses arising from allegations.