Privacy Litigation

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Privacy litigation is fast-moving and high-stakes. Allegations of privacy law violations can be very damaging to a company’s reputation and may result in prolonged litigation. Rothwell Figg’s Privacy Litigation team includes experienced thought leaders and technologists who routinely work on cutting-edge legal and technological issues, such as artificial intelligence, big data, Internet of Things, and targeted advertising. Our team is led by Certified Information Privacy Professionals (CIPP/US) who are active participants in a number of privacy, data protection, and AI-related organizations, including the International Association of Privacy Professionals (IAPP).

The privacy litigation team has two fundamental objectives – helping clients prevent situations that can lead to litigation, and if litigation occurs, managing it effectively, definitively, and quickly, with minimum disruption or impact on a client’s business.

The first ounce-of-prevention service the practice renders is assisting clients in minimizing litigation risk. We do this in a number of different ways, including putting policies and procedures in place that minimize the likelihood of a privacy issue ever materializing in the first place. Our practice involves monitoring the ever-evolving legislative landscape, and updating policies and procedures to reflect changes in law and regulations; monitoring enforcement decisions and updating documentation in view of developing best practices; and truly understanding companies’ data processing practices so we can anticipate issues before they happen.

Further along the continuum, we are retained to assist clients with litigation threats and regulatory inquiries. As experienced litigators, we know all threats are not serious legal claims. We are adept at assessing the seriousness of the claim, and negotiating with the other side to avoid litigation. We also have a deep well of regulatory experience from which to draw.

Should the worst-case scenario unfold, our litigation experience will shine. Everyone on our privacy team is a litigator. We are skilled at developing impressive results without the need for a large team, or high costs or distractions to our clients. We are efficient in discovery, experienced and persuasive in the courtroom, and fierce negotiators. At Rothwell Figg, our role is to provide a path forward in any situation, while working hard to ensure that our clients’ priorities and goals are kept firmly in mind. We almost never simply tell a client, “No.” Instead, we relentlessly pursue ways to tell them “Yes” along with devising and implementing a way to make it happen. Also, as experienced trial lawyers, the other side knows that we are prepared to take the case all the way. This alone puts our clients in a strong negotiating position during settlement discussions.

Privacy operates at the intersection of law and technology. As both technologists and litigators, we are uniquely equipped to handle privacy litigation matters efficiently and effectively. 


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