Miller Johnson attorneys in the privacy and data security group have knowledge of the issues, understand the need for critical infrastructure, are experienced with regulatory compliance and have been involved with investigations.

We recognize that part of doing business – whether you’re providing a service or making a product – is gathering information. Employers gathering personal information on employees, health care providers recording medical information on patients, retailers gaining information from customers making purchases, manufacturers leveraging on-demand information to optimize product performance, and the government tracking information including vital statistics, income and holdings are just a few of the multitude of examples.

With this massive amount of data available and data breaches increasingly making the news headlines, it is more important than ever to have standards and safeguards for collecting, processing, transferring and retaining this information to protect all parties involved. Our privacy and data security group has a two-pronged approach.

Risk Management Consulting
Miller Johnson attorneys believe that early legal counsel and attention to litigation avoidance principles help prevent lawsuits. We are actively involved with counseling on:

  • development and implementation of comprehensive privacy policies and data protection programs
  • ensuring that other internal polices align with data protection policies
  • investigations and training programs related to privacy in the workplace
  • loss of valuable proprietary information (trade secrets) due to cyber-attacks
  • due diligence with mergers and acquisition transactions to protect deal information
  • compliance with healthcare privacy regulations including HIPAA and HITECH
  • recommendations and negotiations on insurance policies which historically have a wide variation in forms, terms, and coverage
  • recommendations and negotiations with respect to third-party data storage providers
  • response and management of data breaches
  • expenses related to wrongful discharge of information, failure of security systems, and investigations following a breach including notification and credit monitoring

Litigation 
Miller Johnson attorneys believe that companies that practice good management of programs and policies are in a stronger position to defend the cases that are necessary or inevitable. If litigation is unavoidable, we’re prepared to try cases on the following matters:

  • government investigations by federal agencies such as the FTC and FBI as well as state Attorneys General
  • insurance recovery claims
  • litigation of claims related to consumer privacy and data security

In an increasingly complex society, it is our experience that organizations often find that their legal needs require a variety of specialized and sophisticated experience and skills and we believe we have these desired traits.