Privacy/Data Security
Buckley Sandler provides advice to banks and other financial services institutions regarding matters involving the full spectrum of financial privacy issues, including Gramm-Leach-Blilely Act restrictions on sharing nonpublic personal information and the requirements for safeguarding information, Fair Credit Reporting Act restrictions with respect to the use and disclosure of customer information, Section 5 of the Federal Trade Commission Act claims, state restrictions on information sharing and data security breach notification responsibilities, identity theft and "red flag" requirements, cross-border information sharing (including the European Union Privacy Directive), and USA PATRIOT Act and Office of Foreign Assets Control (OFAC) requirements.
Our practice in this area includes providing advice regarding compliance matters, structuring joint ventures, and marketing relationships and outsourcing arrangements; negotiating contractual provisions; strategic planning and development of public policy positions; and advocacy to ensure that overly broad regulatory language and interpretations do not create undue regulatory burdens. Some examples of our recent representations include the following:
- Assisted financial institutions in developing comprehensive privacy and data security policies and procedures.
- Assisted numerous financial institutions, including hedge funds and investment management companies, in developing policies to ensure compliance with USA Patriot Act and Office of Foreign Assets Control (OFAC) requirements.
- Assisted financial institutions in structuring outsourcing arrangements to ensure compliance with the European Union Privacy Directive and the laws of various foreign countries.
The Firm’s attorneys are on the forefront of this dynamic area, and have compiled and maintain a 50-state survey of financial privacy and data breach requirements applicable to banks, mortgage companies, consumer finance lenders, and insurance companies.
We also represent financial institutions in connection with litigation relating to privacy and data breach matters. For a list of privacy related cases, please see our Selected Class Action and Complex Civil Litigation Representations.
Partners in this practice:
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Jeremiah S. Buckley |
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Samuel J. Buffone |
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Kirk D. Jensen |
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Benjamin B. Klubes |
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John P. Kromer |
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Jeffrey P. Naimon |
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Andrew L. Sandler |
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Robert B. Serino |
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Margo H. K. Tank |
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In-depth review of news & developments in the financial services industry.
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A full listing of national & state bank regulatory agencies & industry groups.