As technology evolves, so does the risk to business. Our attorneys help clients navigate the complex matters of social media, cyber security and business conducted via the Internet and other electronic communications.

Holland & Hart offers a broad range of services to its clients, whether they are seeking to capitalize on technological advancements or attempting to manage the risk that accompanies it. We provide practical advice on relating to the challenges of using certain technologies, all the while keeping in mind our clients' business needs, public relations issues, and customer demands. Our priority is to understand our clients' strategic, business and technology needs and objectives, and to provide a legal framework and/or response to meet them.

New Media

Media law is evolving from addressing just traditional mass media, such as printed publications, radio, and television, to including "new media" such as blogs, social networking, music websites, and other online resources. Holland & Hart attorneys help clients anticipate, analyze, and address the many legal issues that arise as they employ and adapt traditional and emerging technologies.

Cyber Security

We help our clients minimize the risk associated with cyber security issues and represent them on privacy matters arising from mergers and acquisitions, employment and HR administration, IT systems, website development, joint ventures, co-branding deals, and bankruptcy or reorganization problems. Our attorneys help clients comply with data protection laws in a way that fits with their operational, technological, and marketing goals.

We help our clients understand and comply with the laws that regulate the collection and sharing of personal data. Information privacy is a rapidly changing area of law and our attorneys have in-depth knowledge of national and international privacy laws and issues related to employees, telecommunications, financial transactions, children and healthcare. Holland & Hart has extensive experience in helping our clients address the many privacy and security concerns that arise under Health Insurance Portability and Accountability Act of 1996 (HIPAA); Gramm-Leach-Bliley Act; Fair Credit Reporting Act (FCRA); Fair and Accurate Credit Transaction (FACT) Act, including the Red Flag Rules (RFR); and state and consumer protection statutes. We routinely advise our clients on day-to-day operational issues involving privacy and security matters; these include:

Employment

Internal investigations and permissible monitoring of employees
Compliance guidance and training materials
Risk management matters as they relate to internal practices

Regulatory

Regulatory investigations and actions
State, federal and foreign regulations

Data Management

Design of data and records management and storage policies
Document retention requirements, information sharing, and information disclosure

Advocacy

Business associate issues and related contracts for covered entities
Policy development advocacy

Risk Assessment

State-specific privacy and security requirements for clients with multi-state operations
Federal privacy and information security laws and their implications
Vendor and supplier contracts that mitigate or transfer risk
Security and privacy audits and assessments

As information technology becomes more ingrained in every company's business operations, it is vital that clients have the ability to maintain the security and privacy of data within their control. Equally important is the ability to respond quickly and appropriately in the event of a security incident. We assist our clients in developing a response plan before there is an incident, allowing for an effective response in the event of an actual breach. In the event of a privacy or security breach, we serve our clients by:

coordinating forensic investigations;
preparing an appropriate and timely response to clients, business partners and the general public; and
representing clients in related governmental enforcement actions and civil and criminal investigations.

In the event of litigation, our practitioners represent clients in consumer class actions, competitor lawsuits, and government enforcement actions. We are skilled at handling a range of cases, from disputes over email services to online consumer privacy violations, and mitigate the damage suffered by our client and their customers.

Internet

Our cyberlaw attorneys focus on the Internet and the full range of privacy, regulatory, and legal issues unique to the online world. Whether clients require assistance in the creation, management, distribution and protection of online content or in managing the risks and maximizing the benefits of affiliate marketing programs, we can help you thrive in the face of ever-evolving technologies, constantly changing business circumstances, shifting regulations, and even turbulent economic times.

Our cyberlaw practice covers virtually every aspect of Internet-related issues, including:

Intellectual Property

Online copyright issues
Special web considerations for trademarks and copyrights and related infringement claims

Marketing

Spam compliance
Contest rules
Online brand management
Domain name strategies and registrations including ACPA and ICANN UDRP claims
Affiliate and network marketing programs

Terms of Use

Content design, development, creation, management and distribution
Website policies, disclaimers and user agreements
Site visitor management, including enforceability of terms of use, privacy policies and other contractual obligations
Digital rights management
Matters relating to misuse of web materials
Online speech and conduct
Licensing regulations, Clickwrap, browsewrap and shrinkwrap license agreements

Transactions

Electronic contracting and payments
Online relationship management including online contracts between customers, suppliers, vendors and any other parties

Privacy

Online privacy issues, including COPPA, CAN-SPAM, PCI DSS, PA-DSS and state privacy and encryption law compliance
Network security
Anti-cybersquatting
Scam prevention, mitigation, and remediation