-
Privacy and cybersecurity
Communications companies can monitor data transmissions to and from individuals, as well as most websites, video, and other media that customers view. And the vast repositories of sensitive data processed by communications companies give rise to immense cybersecurity challenges as well. Navigating these challenges, as well as complying with industry-specific privacy and cybersecurity laws and regulations, raise profound compliance, enforcement and litigation issues. -
Transactions and agreements
Big Data is a valuable resource, and increasingly communications providers are entering into commercial agreements with respect to it. Given the unique position of communications companies in the online ecosystem and the additional regulatory burdens that they face, deep regulatory knowledge is essential to Big Data transactions in the communications industry. -
Intellectual property
Many communications companies have developed a range of technologies that are used to generate, analyze or store Big Data, leading to disputes and controversies over IP as well as the need for strong contracts. -
Strategic response
Big Data issues give rise to unique and often high-profile political and public relations challenges. Communications companies need guidance on how best to avoid controversy and how to address it when it arises.
Experience
-
Represented a leading technology company in an investigation concerning a communications provider's internet tracking mechanisms—namely, “supercookies”—that analyzed the online browsing behavior that individuals engaged in on different devices.
-
Represented a major communications company in an investigation conducted by a federal consumer regulator. We prepared and filed a formal request to cease the investigation on jurisdictional grounds. The investigation was closed by the regulator without action.
-
Helping companies, and especially cloud service providers, online services and software providers, grapple with issues created by US intelligence programs involving the acquisition of communications data in foreign jurisdictions.
-
Assisting communications companies in structuring their collection, use and sharing of customer data to comply with domestic and foreign legal requirements, local registration obligations, and rules about notice and opt-in.
-
Drawing on skilled data protection counsel on the ground in Europe and Asia to advise on foreign data laws and directives, e-commerce regulations and cross-border data issues that apply to communications companies.
-
Advised and represented major telecommunications companies in litigation relating to government surveillance efforts.
-
Counseled and negotiated on behalf of a variety of companies, including third-party service providers, on transactions and other agreements involving communications providers and the data that they collect and share.
-
Filed comments and advocacy papers with the FCC and FTC on a range of regulatory proposals affecting Big Data in the communications sector.
-
Counseled a major mobile communications provider on how to lawfully leverage location data, telecommunications content and other data from mobile devices for a range of purposes, including interest-based advertising.
