Representation in connection with Internet Technology and the Information Economy

• Experienced Privacy lawyers: lawyers who, on a day-to-day basis, actually handle a wide range of privacy, compliance, and data security issues for a diverse client base that includes major multinational companies
• Experienced Internet lawyers: from software licensing and development contracts to commercial Internet services agreements to the world of e-commerce and Internet content issues
• Credentials: IAPP-Certified Information Privacy Professionals, and Registered Patent Attorneys

Information has become a vital corporate asset. Maintaining the privacy of financial, healthcare, employee, customer, marketing, and other information is a major concern for companies in virtually all business sectors. Cox Smith has a multidisciplinary team of lawyers who advise global as well as regional corporations on information, privacy, and data security issues. Our team represents relevant disciplines in Intellectual Property, Internet law, Employment law, Employee Benefits, Financial Institutions, and Taxation.

Compliance
On the compliance side, we counsel clients on a wide range of matters, including subpoena and search warrant compliance, government investigations, and requests for personnel records. We also help clients craft their inward-facing and outward-facing policies and practices to provide the flexibility the company needs to protect its interests.

We review Web site agreements and policies for compliance with applicable laws where customer data or other data concerning individuals is concerned, and we counsel clients on permissible marketing and other uses of data as well as the legal obligations associated with such use. Marketing advice generally involves consideration of state and federal telemarketing rules and requirements, in addition to those specifically directed to the Internet.

In the privacy arena, companies face a fragmented regulatory structure made up of federal rules and regulations as well as laws enacted by the 50 states (not to mention the numerous foreign laws that may come into play). We offer advice, training and policy development where necessary as a result of new legislation and regulations, keeping in mind that even state laws typically have a national effect in today’s geographically borderless Internet economy. We help companies assess and implement information management systems that address identity theft avoidance, data retention, industry-specific laws, data transfers, and other privacy and data security requirements.

Information as an asset
In today’s information age, company and personal data is both a key asset and a source of significant risks and responsibilities. Cox Smith’s Privacy and Internet lawyers offer experience and knowledge in a demanding and constantly evolving area of the law, where technology and business models change far faster than legal precedent can begin to address.

Our Privacy lawyers can assist in the acquisition, transfer and augmentation of valuable marketing and other data. When M&A work requires, they help clients and the transaction team understand and handle issues surrounding personnel data and the ability to use or transfer acquired customer and marketing information.

Our clients regularly call on us for email marketing advice, as well as privacy policy drafting and updates and safe harbor registration. Our experience is particularly useful in connection with privacy policy work, as we are able to anticipate a number of issues that can be addressed with the right policy framework.

Information technology, e-commerce, and internet services agreements
We routinely handle commercial agreements for major Internet service offerings, including critical development, licensing, service level, support, branding, and business continuity measures. Our attorneys offer valuable input in connection with the vendor and contractor agreements that are a part of virtually all business relationships.

We are also familiar with most Internet-specific business arrangements, including website development agreements, hosting agreements, search engine optimization, online advertising contracts, joint marketing agreements, and unique copyright, trademark, and publicity issues arising from user submitted content. Our Internet lawyers work with technology-savvy corporate attorneys on e-commerce agreements, and with fellow Intellectual Property attorneys on technical specifications, licensing issues, and other matters within their particular areas of experience.

Crisis management and disputes
When the need arises, we are ready and able to provide immediate data breach or other crisis services and advice. We identify and help to implement the required response, but we also pay particular attention to measures that will minimize disruption and any negative impact on the company’s reputation.

We also have experience with national computer fraud and privacy litigation matters. This includes experience in locating fraudulent Internet users through lawsuits and the use of “John Doe” subpoenas.

In the area of trademarks and domain names, we enforce our clients’ rights against cybersquatters and others who improperly register and use Internet domain names that are identical or confusingly similar to our clients’ names or trademarks. With the help of our global counsel network we combat such abuses around the world.

Financial privacy
Cox Smith is experienced in helping financial institutions comply with all the federal and state laws governing the collection, use and security of personal financial information. That includes federal statutes such as the Gramm Leach Bliley Act (GLBA), the Right to Financial Privacy Act, and the Fair Credit Reporting Act (FCRA), as well as the more generally applicable Electronic Communications Privacy Act (ECPA) and Children’s Online Privacy Protection Act (COPPA). As with other industry players, we advise our clients on how best to adopt privacy policies and procedures, and we also provide financial privacy-related advice concerning matters such as payment card industry standards, gift cards, FACTA requirements, and and federal and state banking laws and regulations.

Protection of the security of financial data is another major focus of our help to financial institutions. We assist both financial institution and vendor clients in drafting and negotiating agreements that meet the expectations of law with regard to security standards, including GLBA and FCRA requirements. Further, we assist both institutions and vendors in the unfortunate situation when a security breach occurs. Such help includes crafting notices to customers and regulators that are legally compliant while identifying business issues and practical solutions.

Our banking lawyers have long been active in public advocacy efforts in the legislative and executive branches of Texas government so that privacy and consumer protection regulation in Texas is practical as well as effective.

Healthcare privacy
The Health Insurance Portability and Accountability Act (HIPAA) brought sweeping changes in how healthcare providers handle the privacy, electronic transmission and security of every patient’s protected health information (PHI). Cox Smith helps employers, insurers, service providers, and even marketing companies who handle PHI in a number of ways. Proactive advice and training on privacy compliance are at the heart of our HIPAA practice. We also help clients assess their current PHI security practices to determine potential problems, then create consistent, understandable guidelines for managing information use and disclosure. Where appropriate, we prepare and help clients implement business associate agreements tailored to their specific data and business needs. We help clients to see that vendor agreements contain the appropriate safeguards. When drafting contracts, we consider the need to avoid disputes over records containing PHI; however, we can and do take third parties to court if necessary to reclaim and protect those records.