Privacy and Data Security

The landscape surrounding data privacy and security matters is a complex interplay of regulation, litigation, and internal and external communications strategies. Gibbs & Bruns lawyers have been engaged by a variety of clients to provide counseling, compliance advice, and defenses against claims and investigations arising from alleged violations of privacy and data security laws.  Representative engagements include:

In re Dealer Management Systems Antitrust Litigation
Represented The Reynolds & Reynolds Company, a leading developer and supplier of automotive dealership management systems (DMS) in federal antitrust multidistrict litigation. Representation involved defense of antitrust allegations and prosecution of counterclaims against at primary “data integrator” plaintiff for violations of the Computer Fraud and Abuse Act, the Digital Millennium Copyright Act, and various other federal and state laws, in connection with plaintiff’s efforts to gain unauthorized access to Reynolds’s system. This case sits at the cutting edge of cases involving consumer data security and computing platforms. 

Major Personnel Staffing Company
Confidential engagement to advise major public company regarding data breach arising from theft of employee computer that contained customer information.

Major National Provider of Automotive Dealer Management Systems
Confidential engagement to advise client regarding FTC investigation of PI data breach arising from rogue employee at dealership.  In addition to this investigation, we advised the client on Gramm-Leach-Bliley issues implicated in amendments and terms to privacy provisions contained in major existing and newly negotiated contracts.

Major Petroleum Exploration, Production, and Retailing Company
Confidential engagement to investigate and prepare defense for potential FACTA (Fair and Accurate Credit Transactions Act) class actions arising from point of sale equipment at gasoline pumps that allegedly did not adequately obscure credit card numbers and/or expiration dates on printed receipts. Issues concerned software updates, management of communications with retail outlets and independent franchisees, and interactions with regulators, management, and board of directors regarding the same.