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Overview

Given the pace of technological advances, businesses must keep abreast of constantly expanding obligations involving privacy rights. Our lawyers are current with the changing legal landscape concerning websites, communications with clients and customers, electronic solicitations for sales and the safeguarding of protected personal information. We have defended claims brought under the Fair Credit Reporting Act (FCRA) and the Telephone Consumer Protection Act of 1991 (TCPA). We have advised clients regarding Louisiana's Database Security Breach Notification Law, both in establishing policies to prevent breaches of personal information and in properly responding when unintended breaches have occurred.

Our representations have included:

  • Drafting business associate agreements in compliance with the Health Insurance Portability and Accountability Act (HIPAA).
  • Counseling employers on appropriate treatment of private employee information.
  • Advising a client regarding its response to a law enforcement subpoena that sought HIPAA protected information.
  • Advising a client on obligations under the Financial Services Modernization Act of 1999 (Gramm-Leach-Bliley) mandates concerning personal financial information.
  • Advising employers regarding privacy rights in employee communications.
  • Counseling businesses on their obligations under the Database Security Breach Notification Law.
  • Defending separately an international credit reporting agency and an insurer on claims brought under the Fair Credit Reporting Act (FCRA).
  • Defending an international franchisor in class action claims brought under the Telephone Consumer Protection Act of 1991 (TCPA).
  • Counseling separately a New Orleans tourism website and a non-profit organization on internet privacy issues, including drafting a privacy policy and disclosure notices for inclusion on the website.

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