Privacy & Data Security

Practices

The Digital Frontier

Our firm recognizes the vital importance of adhering to the rapidly changing laws and regulations concerning data privacy and cybersecurity. We work closely with our clients and their third-party vendors to develop effective, cost-efficient privacy and data security strategies, each uniquely tailored to meet client-specific needs.

Our services include:

  • Practical, business-focused legal solutions.
  • Comprehensive documentation for legal compliance and contracting.
  • Strategic legal representation during incidents, and in subsequent investigations and litigation.
Risk Management and Compliance Assessments

We conduct thorough risk and compliance assessments in areas of data, cybersecurity, and privacy, reviewing legal, operational, and technical policies against current laws, industry standards, and public expectations. Attorney-client privileged reviews create a more secure space for evaluating practices, identifying gaps, and engaging in frank discussions to mitigate risks.

Policies and Program Management

In terms of policies and program management, we guide our clients in developing a comprehensive set of documentation that not only supports mature business operations but also demonstrates compliance in regulatory inquiries or legal disputes. This includes assistance with public-facing materials like website terms and privacy policies, as well as internal policies covering cybersecurity, privacy, incident response, and employee practices. Our experience extends to advising on data analytics, machine learning, artificial intelligence, and the utilization of personal data in advertising and marketing.

We ensure that our clients’ programs comply with a broad range of legal requirements, including federal, state, and international laws like HIPAA, FCRA, COPPA, CCPA, CAN-SPAM, TCPA, and GDPR.

Third-Party Risk Management

We acknowledge the significant risk posed by third-party relationships in cyber and privacy breaches for businesses. Our services cover vendor risk management and contract drafting strategies that address intellectual property, data rights, cybersecurity, and privacy. We also offer support in cloud services, customer-supplier agreements, software agreements, data licensing, and mergers and acquisitions transactions, providing thorough due diligence necessary to protect your business interests.

Insights

Insights

Can Non-U.S. Citizens and Start and Operate a Business?

In the United States, ownership of a business, including Limited Liability Companies (LLCs) and corporations, is not restricted to U.S. citizens. Individuals who are non-U.S. citizens are eligible to own these types of businesses. However, with this broad permission, there are specific considerations that needs to be taken into account concerning the type of corporation and the owner’s visa status when it comes to employment.

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Insights

Bypassing Proposition 19 and Property Tax Reassessments

Proposition 19 has significantly altered the landscape of property tax regulations in California, particularly affecting the longstanding parent-child exclusion for property tax reassessment. This legislative change has directly impacted how real estate properties are transferred from parents to children, necessitating creative approaches for families and real estate investors eager to pass down real estate assets to their heirs in a tax efficient manner. To achieve this goal, real estate limited-liability companies (LLC) need to be established and used as a vehicle for property transfers.

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Insights

Navigating the Corporate Transparency Act: A Guide for U.S. Businesses

The Corporate Transparency Act (CTA) was enacted in response to increasing worries about the use of anonymous shell companies for illicit activities such as money laundering and terrorism financing. The CTA marks a major shift from the current corporate reporting norms in the United States. Under this law, specific entities are required to disclose their beneficial ownership details to the Financial Crimes Enforcement Network (FinCEN), a division of the U.S. Department of the Treasury. The CTA reporting requirements went into effect on January 01, 2024.

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