Vault Law Resource Center

Privacy & Data Security

Overview

Lawyers in this area advise business clients on cyber security issues, including internal security protocols, the collection and storage of personal data, and on how to respond to a data breach. While privacy lawyers are most often called into action in the wake of a data security breach, they also help their clients comply with regulations and counsel on ways to prevent data theft or loss. Lawyers may work on incidence response teams and can be called on to work long hours after a client’s data has been breached. Data privacy lawyers will also frequently be involved in claims, litigation, and regulatory investigations arising from data security breaches. This is a growing and changing area of law, so lawyers may be regularly dealing with unsettled law and must stay up to date on security technology and emerging threats to IT security, as well as rapidly emerging regulations and case law that can pose challenges to their clients.

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Best Law Firms for Privacy & Data Security

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Practice Area Q&A’s

"I wanted a fast-paced practice where I could learn about a fun area of law and about technology at the same time. I also like solving problems with clients rather than for clients, and breach response tends to generate high-pressure situations in which cross-functional teams must collaborate."

— Joseph Santiesteban , Orrick

"Our role is not to throw obstacles in the way of what our clients want to do, but instead figure out a way for them to implement a safe and privacy-forward approach while still meeting their business objectives."

— Anna Westfelt , Gunderson Dettmer Stough Villeneuve Franklin & Hachigian, LLP

"Staying current [is the most challenging aspect of practicing in this area]. Technology changes constantly, presenting new facts that often require applying old law. Some of our most important laws and regulations in this space were drafted before the internet, let alone the
metaverse."

— Colleen Brown , Sidley Austin LLP

"I love the advisory nature of my practice. Clients come to us with complex risk issues that require good judgment and business acumen to manage effectively. It is incredibly gratifying helping clients navigate through challenging issues, whether it involves helping them manage
a cybersecurity incident or launch a new data-driven product."

— Adam H. Solomon , Hunton Andrews Kurth LLP

"…[O]ften there is no ‘right answer’ to a question, whether because there is no—or conflicting—authority on an issue, the right answer is impractical to implement (because of technical or monetary challenges), or industry practice differs from what the law strictly requires. Succeeding in this field means being able to understand this uncertainty and helping
clients to navigate it."

— Christian Lee , Cooley

"We have to understand our clients’ businesses and goals and provide guidance on how to manage and transform data within that structure. This generally requires communication with client attorneys and other stakeholders, including clients’ privacy, security, technology,
marketing, and human resources teams."

— James Sherer and Whitney Schneider-White , BakerHostetler