Privacy and Data Protection – Critical Infrastructure

Overview

A cybersecurity incident that affects the critical infrastructure system, including energy generation and distribution facilities, transportation, the Web and other information providers, and financial markets and institutions, could undermine the functioning of the global economy and the well-being of the international community. The need for businesses, organizations, and governmental agencies that comprise the critical infrastructure to be compromise ready is extremely urgent, as they present attractive targets to bad actors sponsored by hostile governments or by independent criminal or terrorist groups. In addition, the government is increasingly concerned and has been taking steps to craft a national policy.

Our lawyers regularly advise players in these key industries, as to both preparation for and prevention of incidents and as to compliance with laws and regulations intended to make our critical infrastructure more secure. They also have experience handling the legal fallout from major incidents and emergencies affecting critical infrastructure clients.

Select Experience

  • Represented a Fortune 500 electric and natural gas utility on privacy and data security issues, including Identity Theft Red Flags Rule, Telephone Consumer Protection Act, and Fair Credit Reporting Act compliance, state data security regulations, and incident response.
  • Represented a multijurisdictional energy infrastructure company, preparing policies and procedures for the rollout of a Bring Your Own Device program.
  • Represented clients participating in U.S. Coast Guard inspections and audits, annual spill drill exercises and tabletop sessions, and management of pipeline spill response actions.
  • Represtened a pressure control system manufacturer after a well blowout that killed two members of the energy crew, injured two others, and destroyed the workover rig.
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Experience

  • Represented a Fortune 500 electric and natural gas utility on privacy and data security issues, including Identity Theft Red Flags Rule, Telephone Consumer Protection Act, and Fair Credit Reporting Act compliance, state data security regulations, and incident response.
  • Represented a multijurisdictional energy infrastructure company, preparing policies and procedures for the rollout of a Bring Your Own Device program.
  • Represented clients participating in U.S. Coast Guard inspections and audits, annual spill drill exercises and tabletop sessions, and management of pipeline spill response actions.
  • Represtened a pressure control system manufacturer after a well blowout that killed two members of the energy crew, injured two others, and destroyed the workover rig.
  • Represented the charterer of a tanker involved in an oil spill, including handling emergency response services and representing the client in all spill-related litigation.
  • Represented a pipeline company in claims against a salvage company for damages incurred to the client’s offshore pipeline during a salvage operation.
  • Represented an energy company as co-defendant in a case arising from a chemical plant explosion in Ohio, with a certified class of more than 10,000 neighboring residents alleging personal injury, property damage, real property diminution in value, and evacuation claims.
  • Represented critical infrastructure clients in the oversight of pipeline spill response actions following releases from an underground 12-inch jet fuel pipeline in the Florida Keys and from a train derailment in upstate New York that struck two above-ground 12-inch jet fuel pipelines.

Recognition

  • Chambers USA: Nationwide Privacy & Data Security (2013 to 2018)
    • Chambers USA Privacy and Data Security- Healthcare Spotlight Table (2018)
  • Recognized as one of the top law firms for client service, we were named to the 2018 BTI Client Service 30 for the fourth consecutive year.

Publications

Blog

In The Blogs

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Data Privacy Monitor
The Weekly Privacy Rewind
By Aaron R. Lancaster
October 8, 2018
BIPA Medline and Con Tech Lighting Latest Illinois Employers Hit With Claims under BIPA • Two Illinois employers, Con Tech Lighting and Medline Industries, are the latest to face claims alleging violations of Illinois’ Biometric...
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Data Privacy Monitor
California Legislature Cracks Down on Advertising Bots Involved in Commercial Transactions and Influencing Voters in Elections
By Alan L. Friel
October 8, 2018
By: Alan L. Friel and Zoe Steinberg Bot or real person? – a question most online users probably don’t ask themselves when interacting online or seeing how many followers a person has on a social media platform. Most likely, online users...
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Data Privacy Monitor
The Ninth Circuit Wades Into the “Autodialer” Fray and Creates a Circuit Split. TCPA Litigants Await FCC Guidance
By Rand L. McClellan
September 27, 2018
What constitutes an autodialer or “automatic telephone dialing system” (ATDS) under the Telephone Consumer Protection Act (TCPA) is in flux. Under the statute, an “automatic telephone dialing system” is defined as “equipment that has the...
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Data Privacy Monitor
California Delays Privacy Law Enforcement and Congress Is Lobbied to Pre-empt the Law
By Alan L. Friel
September 25, 2018
This summer California enacted, effective Jan. 1, 2020, the California Consumer Privacy Act (CCPA), a privacy law unprecedented in the U.S. that grants California residents a broad range of European-like privacy rights. Amendments passed...
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Data Privacy Monitor
Navigating the State Data Breach Laws? An Enhanced Resource is Available
By Julie A. Hein
September 21, 2018
In large security incidents, the differences among state breach notification laws usually do not come into play. In smaller matters, where individuals in only a few states are potentially affected, the differences sometimes result in...
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