Notable Representations, Key Contacts
We partner with our clients to develop holistic and tailored strategies to mitigate and address business and legal risks in connection with advising on the privacy and cybersecurity aspects of the full range of corporate transactions (in close partnership with Weil’s Private Equity and M&A practice and Technology & IP Transactions practice), defending government investigations and other privacy-related proceedings, counseling with respect to compliance with a broad array of jurisdiction- and sector-specific privacy and data security laws, and coordinating urgent first-responder assistance in the event of a breach.
Recognizing that a privacy- or cyber related development can expand to encompass a number of other significant legal issues, our practitioners work closely with attorneys in our White Collar Defense, Regulatory and Investigations, Securities Litigation, Complex Commercial Litigation, Restructuring and Employment Litigation practices, among others, to address all aspects of privacy-related risks, including those related to trade secrets theft, funding or financial issues, and disputes with vendors and other third parties.
We also maintain excellent working relationships with public relations and communications firms and other cyber-first responders and forensic experts, as well as insurance carriers and brokers, so that our clients have one-stop access to all of the resources necessary to swiftly address and resolve a crisis situation, should one develop.
Specifically, Weil lawyers routinely work with clients in the following areas:
- Weil has counseled on data privacy issues in hundreds of high-value, high-profile technology transactions, including advising:
- Verizon Communications Inc. in its agreement to purchase AOL Inc. for approximately $4.4 billion, in a deal that will further drive Verizon’s LTE wireless video and OTT (over-the-top video) strategy;
- Facebook in connection with privacy issues in its $16 billion acquisition of WhatsApp, a provider of a cross-platform mobile messaging application that allows a client to exchange messages without having to pay for SMS;
- Yahoo! in all technology and IP aspects of its $4.5 billion sale of its operating business to Verizon Communications Inc.;
- Yahoo! in connection with IP and privacy matters in its $1.1 billion acquisition of popular blogging site Tumblr, and its $240 million acquisition of Flurry Analytics;
- eBay on its acquisition of Shutl, the UK-based technology start-up connecting retailers with a network of local same-day carriers to provide a “super-fast” delivery service for consumer goods; and
- Twilio Inc., a cloud communications provider of application programming interfaces (APIs) for communications apps, in its acquisition of Authy, Inc., a provider of Authentication-as-a-Service for large-scale Web and mobile applications.
- In these and other transactions, Weil has advised on data privacy issues across a broad range of technologies, from high tech (Internet of Things (IoT), Global Positioning Systems (GPS), big data and analytics) to the highly-regulated (financial services, consumer credit, and health care), and everything in between (consumer goods, news aggregators, and online music services).
- Weil advised a major NASDAQ-listed media company on privacy issues arising out of its international whistle blowing policy.
- Weil advised a major international investment bank on BYOD issues and related data privacy implications.
- Weil advised Yell.com in the UK on data protection issues.
- Weil advised a major electronics and technology company on privacy issues relating to collection of television viewing data.
- Weil advised a provider of shipping and energy services on the implementation of a compliant employee monitoring policy and procedure. Our advice related to the monitoring of emails and internet usage and concerned employees located in the United Kingdom as well as a number of foreign jurisdictions where local law advice was provided.
- Weil advised a major financial institution on the data protection consideration applicable to a “Bring Your Own Device” scheme, including the recommendation of a number of practical and commercial steps to minimize the risk of a data security breach or other breach of law.
- Weil represents First Data Corp. in a dispute in federal court relating to a credit card payment processing agent’s liability in connection with cyberattacks.
- Weil obtained the dismissal of all claims brought against MovieTickets.com based on allegations that email confirmations sent to customers following their on-line purchase of movie tickets from MovieTickets.com violated the FACT Act by including a credit card expiration date.
- Weil represents Houghton Mifflin in a putative class action in the Southern District of New York alleging violations of the Telephone Consumer Protection Act (TCPA). The plaintiff, a religious entity, alleges that Houghton Mifflin distributed thousands of fax advertisements throughout New York State that were unsolicited and that lacked proper opt-out notices; the plaintiff purports to represent three sub-classes of individuals who received such faxes during a four-year window. The matter is pending.