With regulatory interpretation and jurisdictions evolving, new laws emerging, and determined privacy activists, even the most diligent organizations can find themselves before regulatory bodies and courts.
The world of data and information is tightly regulated and heavily litigated. Our highly-integrated, interdisciplinary and deeply collaborative team, many of whom have extensive government experience, can help you navigate high-stakes privacy and data law matters, regulatory requirements and investigations, inquiries and defense issues. The penalties of falling foul of regulations are increasing and large fines, criminal proceedings and injunctions are all possibilities.
With more than 500 litigators worldwide, our global practice engages with state, federal, and international data protection and associated anti-trust, competition and financial services regulators, oftentimes teaming with our colleagues who possess subject matter experience specific to our client’s sector. We also have strong technical expertise, enabling us to understand the fundamental issues, not just the overlying legal and administrative court frameworks.
When you are faced with regulatory action, we will assess your case and your business needs. We offer advice and counsel on regulatory actions, including examinations, enforcement and policy. We know engaging with regulators doesn't always mean going to court and we understand that sometimes negotiation can save you both money and time. We are deeply experienced in public and administrative laws, should enforcement decisions merit appeal and challenge, through to the highest courts.
We can defend you against claims from individuals, class and group or representative actions. Whether handling small individual claims, or supporting clients who receive large volumes of claims – we have the experience and scale. We're also prepared to vigorously defend on your behalf, whether that's challenging cyber criminals and tracing fraudulently obtained funds or litigation between businesses to establish responsibility. Our litigators have the experience and savvy to defend the full range of claims that may result from a breach.
From beginning to end, we are on your team.
Our global lawyers can help you with all aspects of regulatory defense and litigation law. Notable experience in this field includes:
- defending the UK subsidiary of a global consumer financial services company in the publicly announced FCA and ICO enforcement investigation that was commenced in Q4 2017, following a significant cybersecurity breach in the United States. This continues to be one of the largest incidents reported in recent times, and we have worked closely with the client to ensure consistency in approach across multiple jurisdictions and multiple contemporaneous regulatory investigations and claims activity
- representing specialty insurance companies, pensions master trusts (with millions of members) and other occupational pension schemes facing regulatory investigations, enforcement action, data breach class action litigation and other claims
- shaping interpretation of points of law through judicial processes including representing an automotive sector client in a preliminary ruling of the European Court of Justice to ensure the uniform application and interpretation of EU law. This concerns the interpretation of GDPR, namely: the ability of not for profit organizations to bring proceedings and the penalties applicable to infringements. We are also engaged in judicial proceedings to challenge regulatory decisions including an objection to a data protection fine issued by a Data Protection Authority for an alleged infringement of a data subject’s rights (proceeding currently ongoing)
- defending a leading cryptocurrency lending platform against a class action filed in the Northern District of California, while also representing them on privacy matters in the UK
- managing and responding to the privacy cases received from regulators and third parties of a large Fortune 50 multinational consumer sector company. On average our German and UK team handle 30 cases per month for this client