Cybersecurity, Privacy and Communications REGULATORY AND GOVERNMENT AFFAIRS

WilmerHale’s Cybersecurity, Privacy and Communications Practice represents sophisticated, high-profile clients on a wide range of challenges—from routine matters to cutting-edge issues where the law is unclear and the enforcement risks are high. Our internationally recognized team, composed of lawyers from different practice areas and offices, possesses a mix of counseling, regulatory, litigation, enforcement and transactional knowledge.

Our clients include leading companies in nearly every industry—technology companies, communications and Internet providers, financial institutions, media companies, government contractors, healthcare companies, retailers, manufacturers, online service providers, social networks, e-commerce companies and many others. This diversity gives us a broad perspective and enables us to spot and address unique and complex issues. Our practice also leverages WilmerHale’s renowned capabilities in dealing with sector-specific regulatory authorities at the state, federal and international levels. We regularly engage with regulators that—with increasing vigor—are exercising oversight and enforcement powers on the privacy, cybersecurity and communications practices of the companies under their jurisdiction.

Follow us on Twitter: @WHCyberPrivacy

Contacts

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Gorelick, Jamie

Jamie Gorelick

Chair, Regulatory and Government Affairs Department

Co-Chair, Strategic Response Group

+1 202 663 6500 (t)

jamie.gorelick@wilmerhale.com

Freeman_Reed_lo

D. Reed Freeman, Jr.

Co-Chair, Cybersecurity, Privacy and Communications Practice

+1 202 663 6267 (t)

reed.freeman@wilmerhale.com

Powell, Benjamin A.

Benjamin A. Powell

Co-Chair, Cybersecurity, Privacy and Communications Practice

+1 202 663 6770 (t)

benjamin.powell@wilmerhale.com

Publications & News

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January 31, 2016

Getting the Deal Through: Cybersecurity 2016

Benjamin A. Powell and Jason C. Chipman were contributing editors for Getting the Deal Through: Cybersecurity 2016 (published in January 2016). Powell and Chipman also co-authored the chapter “Global Overview” (p. 5) with Marik String, and “United States” (pp. 72-77) with Leah Schloss. Reproduced with permission from Law Business Research Ltd. For further information please visit www.gettingthedealthrough.com.

January 26, 2016

OFAC and BIS Announce Further US Sanctions Authorizations and Export Licensing Policies for Cuba

The US Departments of the Treasury and Commerce are taking further action to implement President Obama's initiatives to normalize US-Cuba relations and to “engage and empower the Cuban people.”

January 19, 2016

Iran Nuclear Sanctions Relief Implemented: New Opportunities Await Non-US Companies, but Comprehensive US Transaction and Export Restrictions Remain in Effect 

On January 16, 2016, the United States, its negotiating partners and Iran announced the arrival of Implementation Day for the Joint Comprehensive Plan of Action, to which the parties agreed on July 14, 2015 with respect to the Iranian nuclear program. 

January 8, 2016

Department of Defense Revises Landmark Cybersecurity Rule, Extends Deadline for Some Compliance Requirements

On December 30, 2015, the Department of Defense (DoD) issued a second interim rule on Network Penetration Reporting and Contracting for Cloud Services, amending an earlier version issued on August 26, 2015.2 The new, amended DoD interim rule prescribes cybersecurity requirements, including mandatory cybersecurity-related contract clauses in all DoD contracts subject to the Defense Federal Acquisition Regulations Supplement.

January 7, 2016

Congress Enacts Major Cybersecurity Legislation

On December 18, 2015, Congress passed, and the President signed, the Cybersecurity Act of 2015, which provides authorization and liability protection for cybersecurity monitoring and information-sharing and authorization for cyber defensive measures. The Act, which comes after four years of efforts to enact federal cybersecurity legislation, also creates a new regime to encourage federal agencies to share cyber intelligence with the private sector more rapidly.

December 16, 2015

European Union Reaches Agreement on Data Protection Law Reform

On December 15, 2015, the European Union reached an agreement on the final text of the new General Data Protection Regulation. The Regulation will replace the 1995 Data Protection Directive, which is currently the basis for national data protection laws of the Member States of the European Union.

December 4, 2015

Washingtonian Magazine Names Eight WilmerHale Partners Top Attorneys in Washington DC

Washingtonian magazine has released its list of 2015 Top Attorneys, recognizing Washington's top legal talent based on peer review. The 2015 list is the Washingtonian's largest ever and ranks the top one percent of the nation's capital's 80,000 lawyers across 21 different practices.

November 17, 2015

Commission Examines Privacy and Cybersecurity Issues Associated With Emerging Cross-Device Tracking Technology

On Monday, November 16, the Federal Trade Commission (FTC) held a workshop that examined the key privacy and security issues raised by emerging technologies that track users across their various devices, such as smartphones, tablets, desktops, TVs and other Internet-connected devices.

November 16, 2015

ALJ Dismisses FTC’s LabMD Complaint for Lack of Actual or Probable Consumer Harm from Cybersecurity Incidents

On Friday, November 13, Federal Trade Commission Chief Administrative Law Judge D. Michael Chappell issued an Initial Decision in In the Matter of LabMD, Inc. (FTC Docket No. 9357), dismissing the Commission’s Complaint against LabMD, Inc., upon a finding that the FTC had failed to “demonstrate a likelihood that [LabMD’s] computer network will be breached in the future and cause substantial computer injury.”

November 2, 2015

WilmerHale Receives Top Rankings, Named “Law Firm of the Year” in Mutual Funds Law in 2016 U.S. News - Best Lawyers® “Best Law Firms” List

U.S. News - Best Lawyers® has named WilmerHale "Law Firm of the Year" in Mutual Funds Law and recognizes the firm as a first-tier law firm in 21 national and 58 metro-area rankings. In addition, the firm boasts more than 30 second- and third-tier rankings.

Recognition

  • The Legal 500 United States recognized our group in the 2013 edition of its annual guidebook in the technology: data protection and privacy, and telecoms and broadcast: regulatory categories, for our "high-profile litigation, complex transactions and regulatory compliance counseling." Individually, Samir Jain, Benjamin Powell and Heather Zachary are all recognized as leading attorneys.
  • In the 2014 Best Law Firm rankings by U.S. News and Best Lawyers, our communications law practice is ranked in the first tier nationally and in Washington DC.
  • Chambers USA: America's Leading Lawyers in Business 2014 recognized our group in the media and entertainment category, and praised us for our "strength in a broad range of matters, including First Amendment litigation, Freedom of Information Act cases, and regulatory compliance and enforcement matters." Individually, Partner Pat Carome is recognized for his "litigation skills in the media sector and his wealth of experience."
  • Chambers USA: America's Leading Lawyers in Business 2014 calls out our "strong regulatory practice" with a ranking in the telecom, broadcast and satellite category, citing our work on "a broad range of FCC-related matters and litigation." Individually, Heather Zachary is cited by the guide as a "regulatory communications expert" and praised by clients as "an excellent writer and a clear thinker."
  •  Chambers Global: World's Leading Lawyers for Business recognized our privacy and data security practice in the United States in 2014.