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With a team that includes former experienced privacy litigators and former government officials, O’Melveny’s Data Security and Privacy group helps clients manage the serious legal and financial risks in this rapidly changing area, taking an approach that crosses borders and legal disciplines.

Our ranks include a former US National Security Advisor, a former Cabinet Secretary and Senior Advisor to the President, a former White House Counsel, a former Deputy Secretary of Commerce, a former Director of the Federal Trade Commission’s Bureau of Competition, and a former resident legal advisor to the US Embassy in Beijing and federal cybercrime prosecutor

Armed with this deep experience in government, we help clients navigate the complex and shifting decision-making procedures followed by federal agencies, Congress, and other governmental and regulatory bodies, and manage Congressional, FTC, SEC, DOJ, and state attorneys general investigations. And our award-winning litigators defend clients against challenges fueled by the aggressive expansion of the plaintiff’s bar, including consumer class actions and shareholder litigation.

We regularly assist senior business executives, company boards, and corporate legal departments with a wide range of challenges, including:

  • Senior Management and Board Counseling
  • Government Investigations and Regulatory Actions
  • Shareholder, Consumer, and Customer Litigation
  • Labor and Employment Issues
  • Intellectual Property Concerns
  • International Aspects of Data Privacy Matters

E Commerce Company

We represented a leading online dating site after an overseas hacker illegally gained access to some customer personal data. Our team quickly responded to the cybersecurity breach in order to investigate the scope of the intrusion, to help our client implement remedial data privacy measures, and to notify and coordinate with federal law enforcement. Read

Educational Institutions

O’Melveny represented several leading educational institutions following cybersecurity breaches involving student data. In these sensitive student privacy matters, we efficiently conducted internal reviews and investigations, counseled our clients on policy and risk management enhancements, and handled appropriate notifications to affected parties and government regulators. Read

Health Care Company

We defended a health care company against a data breach class action alleging that the company failed to secure private patient medical records and financial information in violation of HIPAA, the California Constitution, and various state statutes, obtaining dismissal of most of plaintiffs’ claims, denial of class certification, and a favorable resolution in this high-profile privacy dispute. Read

Hospitality and Leisure Company

During an Audit Committee investigation triggered by Securities and Exchange Commission and Department of Justice investigations, O’Melveny’s team navigated an array of domestic and foreign data privacy laws and regulations, including politically sensitive cybersecurity matters in Asia. Read

Internet Service Provider

We represent as amicus counsel a privacy advocacy group supporting an appeal in federal court by a major Internet Service Provider. Read

Pharmaceutical Company

O’Melveny is representing a pharmaceutical company in an SEC investigation and subpoena relating to the well-publicized “FIN4” hacking and insider trading ring. Read

Professional Sports Team

We represented a major professional sports team following a data breach that resulted in unauthorized accessing of customers’ information. Read

Second Circuit Privacy Case

A team of O’Melveny attorneys serving as amicus counsel helped achieve a major pro bono victory for privacy advocates and providers of cloud-based services when the Second Circuit, in a landmark decision, ruled that a warrant issued under the Stored Communications Act (SCA) cannot compel US companies to produce data stored outside the country. Read

Secret Service

A member of our team was part of the independent review panel created by the Secretary of Homeland Security to review the U.S. Secret Service in the Fall of 2014. Read

Visa

We have represented Visa in a variety of cybersecurity matters, including successfully defending the company against a consumer class action alleging failure to provide appropriate consumer privacy notification in the wake of a major data breach of a card processor. Read