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.

The team's insight and analysis can be seen on the WilmerHale Privacy and Cybersecurity Law Blog and 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

Braun, Martin

Dr. Martin Braun

Partner

+49 69 27 10 78 207 (t)

martin.braun@wilmerhale.com

Chipman, Jason C.

Jason C. Chipman

Partner

+1 202 663 6195 (t)

jason.chipman@wilmerhale.com

Hurewitz, Barry J.

Barry J. Hurewitz

Partner

+1 202 663 6089 (t)

barry.hurewitz@wilmerhale.com

Zachary, Heather

Heather Zachary

Partner

+1 202 663 6794 (t)

heather.zachary@wilmerhale.com

Publications & News

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April 19, 2018

Benjamin Powell Honored Again in Cybersecurity Docket Incident Response 30 List

Benjamin Powell—a Washington-based partner and co-chair of WilmerHale's cybersecurity, privacy and communications practice—has once again been named by Cybersecurity Docket as one of the 30 best and brightest data breach response lawyers in the world.

April 3, 2018

USTR Releases Proposed List of Chinese Products to Be Subject to Section 301 Tariffs

On April 3, the Office of the United States Trade Representative (USTR) released a list of proposed products that may be subjected to additional tariffs of 25 percent ad valorem, in accordance with President Trump's March 22 Presidential Memorandum directing action pursuant to Section 301 of the Trade Act of 1974.

March 26, 2018

Board Oversight of Cybersecurity

Cybersecurity is one of the highest priority issues for public company executives and directors. This note shares our views—developed over our involvement in the aftermath of many cybersecurity events as well as counseling on cyber-preparedness—on how boards can properly oversee cybersecurity risks. This client alert was also published by Law360.

March 26, 2018

Congress Enacts Law Clarifying Reach of Warrants for Overseas Data

On Friday, March 23, President Trump signed into law the Clarifying Lawful Overseas Use of Data Act (CLOUD Act), which amends the Stored Communications Act (SCA), 18 U.S.C. § 2701, et seq., to require providers of electronic communication services or remote computing services to produce data sought by the government under the SCA, regardless of whether the data are located within or outside the United States.

March 23, 2018

President Trump Directs Action as a Result of USTR's Section 301 Investigation on China's Laws, Policies, Practices, or Actions Related to Technology Transfer, Intellectual Property, and Innovation

Yesterday, President Trump signed a Presidential Memorandum regarding China's technology transfer, intellectual property, and innovation-related laws, policies, practices, and actions.

March 22, 2018

Uniting Women in Cyber Podcast

WilmerHale Partner Stephanie Evans joins Ashley Larson from Revolution for Uniting Women in Cyber podcast. Ms. Evans discusses her work at the firm and shares what she will be talking about at the conference.

March 20, 2018

D.C. Circuit Invalidates Portion of FCC's 2015 Declaratory Ruling & Order Implementing the TCPA

On March 16, 2018, the D.C. Circuit issued its long-awaited ruling in ACA International, et al. v. FCC, et al., resolving a series of challenges to the July 10 2015 Declaratory Ruling & Order of the Federal Communications Commission implementing the Telephone Consumer Protection Act.

February 23, 2018

SEC Approves Guidance on Public Company Cybersecurity Disclosures

On February 21, 2018, the Securities and Exchange Commission approved an interpretive release updating guidance on public company disclosure and other obligations concerning cybersecurity matters. This article was also published by the Harvard Law School Forum on Corporate Governance and Financial Regulation.

February 16, 2018

Federal Trade Commission Update: Senate Hearings Reveal No Obvious Hurdles For Commissioner Nominees

The Senate Commerce Committee held a hearing on Wednesday on the nominees to serve on the Federal Trade Commission. The hearing covered a range of antitrust and consumer protection issues before, or potentially before, the Commission, including healthcare competition and pharmaceutical pricing; competition in technology and telecommunications sectors; industry concentration; cybersecurity breaches and privacy; and online or telemarketing deception and scams.

February 7, 2018

Law360 Names WilmerHale a Technology Group of the Year for Second Consecutive Year

The firm has been recognized for the second consecutive year by Law360 as a Technology Practice Group of the Year for its knowledge and ability to serve the vast needs of today's most innovative technology companies.

Recognition

  • The Legal 500 United States recognized our group in the 2015 edition of its annual guidebook in the technology: data protection and privacy, and telecoms and broadcast: regulatory categories. Individually, Reed Freeman was recognized as a Leading Lawyer in the data protection and privacy space. Heather Zachary and Benjamin Powell have also been recognized as leading attorneys in recent editions.
  • Chambers USA: America's Leading Lawyers in Business has recognized our group in the media and entertainment and telecom, broadcast and satellite categories for several years, dubbing us "a solid media law practice with recognized expertise in IP, antitrust and defamation litigation" and "a very strong firm in telecommunications" in recent editions. Individually, Partner Pat Carome is recognized as "a highly regarded media law litigator with experience at both trial and appellate level," Heather Zachary is noted for her regulatory work on behalf of communications clients, and Reed Freeman is recognized as a "strong lawyer" with a wealth of experience in matters before the FTC and draws particular praise for his knowledge of privacy laws concerning advertising, social media and mobile devices.
  • Chambers Global: World's Leading Lawyers for Business recognized Reed Freeman for his privacy and data security practice in its 2016 edition, citing his "expertise in the advertising and direct marketing space" and "his vast experience in the representation of clients before the FTC and state attorneys general." 
  • U.S. News – Best Lawyers "Best Law Firms" ranked our advertising law practice in the first tier, both nationally and in Washington DC, on its 2017 list. Past editions have also recognized our general communications law practice.