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
New Guidance on GDPR Data Processing Contracts Published by the UK ICO
By David M. Brown
December 14, 2018
The U.K. Information Commissioner’s Office (ICO) recently published guidance on contracts between controllers and processors. This new guidance provides a more in-depth and detailed discussion of the key issues than did a previously...
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Data Privacy Monitor
Controversial Australian Encryption Act Denounced by Privacy and Cryptography Advocates
By Brian P. Bartish
December 13, 2018
Last week, Australia’s parliament passed a controversial act that will enable law enforcement and intelligence agencies to compel access to encrypted communications. In an explanatory memorandum, the Australian Parliament stated that the...
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Data Privacy Monitor
The Weekly Privacy Rewind
By Aaron R. Lancaster
December 10, 2018
California Consumer Protection Act Privacy Groups Urge California Lawmakers Not to Weaken California Consumer Privacy Act • A variety of privacy groups, including the Electronic Frontier Foundation, the Digital Privacy Alliance and the...
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Data Privacy Monitor
The Weekly Privacy Rewind
By Aaron R. Lancaster
December 5, 2018
GDPR European Regulators Fine Uber Over 2016 Data Breach • British and Dutch privacy regulators issued fines totaling approximately $1.2 million against ride-hailing company Uber over its 2016 data breach. • According to the U.K.’s...
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Data Privacy Monitor
HHS OIG Launches Cybersecurity Webpage to Raise Awareness and Boost Cybersecurity Best Practices
By Alexandra Royal, Lynn Sessions
December 5, 2018
Healthcare data can be up to 10 times more valuable to cyber criminals than credit card numbers, according to a report from the Department of Health & Human Services’ (HHS) Office of the Inspector General (OIG). And, with...
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