Cybersecurity and Privacy

The attorneys in the Cybersecurity and Privacy Practice Group at Ogletree Deakins understand that data now accumulates quickly, transmits easily, and—increasingly—is processed by artificial intelligence (AI) systems that introduce new dimensions of legal risk. As AI reshapes the way businesses recruit, evaluate, monitor, and interact with employees and consumers, the regulatory landscape is evolving rapidly. We help clients stay ahead of these developments, providing practical compliance guidance aligned to business goals across the full spectrum of data privacy, cybersecurity, and AI governance.

Our multidisciplinary teams, global offices, and affiliates regularly counsel businesses around the world with respect to:

Advising on the responsible deployment of AI systems in employment and consumer contexts, including automated decision-making technologies (ADMT), AI-driven hiring tools, and algorithmic risk assessment
Navigating U.S. and international AI regulatory frameworks, including the EU AI Act, Colorado AI Act, Illinois AI employment laws, and California’s ADMT regulations under the California Consumer Privacy Act (CCPA) / California Privacy Rights Act (CPRA)
Designing and operationalizing AI governance programs, including transparency requirements, bias audits, impact assessments, and consent frameworks
Complying with U.S. and multinational privacy and data security requirements, including the General Data Protection Regulation (GDPR), CCPA/CPRA, and the expanding patchwork of state, federal, and international privacy laws
Developing, implementing, maintaining, and staffing effective privacy, data security, and AI compliance programs
Assessing risks and identifying gaps in clients’ compliance, prevention, detection, and response programs in a privileged manner
Conducting data security, privacy, and AI-related investigations, including Data Protection Impact Assessments (DPIAs), legitimate interest assessments, and multi-jurisdictional data mapping
Designing and providing privacy, data protection, and AI governance training programs for executives, HR teams, and technical staff
Developing and implementing strategic plans for minimizing the risks of collecting, processing, and transmitting protected personal information, including through AI-powered systems
Advising on employee monitoring technologies, workplace AI tools, biometric data collection, and related privacy implications across jurisdictions
Managing and responding to data subject access requests (DSARs) across multiple jurisdictions, including developing scalable response workflows and navigating competing legal obligations
Responding to ransomware incidents, insider-threat breaches, and complex multi-jurisdiction notification events—coordinating forensics, regulatory notification strategy, and communications under tight timelines
Litigating claims involving alleged violations of data security, privacy, and AI-related laws, including the federal Wiretap Act, California Invasion of Privacy Act (CIPA), Pennsylvania’s Wiretapping and Electronic Surveillance Control Act (WESCA), Florida Security of Communications Act (FSCA), Video Privacy Protection Act (VPPA), and claims arising from website analytics, pixels, session-replay tools, and customer interaction tracking
Defending businesses in individual and class actions involving data breaches, biometric privacy, and alleged unlawful data collection
Ensuring HIPAA compliance and managing electronic medical records
Structuring vendor contracts, data processing agreements, and AI vendor due diligence, including Fair Credit Reporting Act (FCRA) classification risks, bias audit requirements, and cross-border data transfer mechanisms
Developing and harmonizing global privacy policies, employee privacy notices, and binding corporate rules (BCRs) for multinational organizations

United States

Data privacy, data protection, and AI laws present significant and rapidly evolving challenges for U.S. employers. A growing patchwork of state laws now governs how employers may use AI in hiring, performance evaluation, and workforce management—each with distinct obligations for risk assessments, impact notices, bias audits, and employee disclosures. Whether our clients are in healthcare, education, retail, technology, manufacturing, travel, transportation, or media, we help them navigate their obligations under federal and state privacy law as well as emerging AI-specific legislation.

Our attorneys counsel organizations through the full lifecycle of privacy and AI governance: designing compliant data practices and AI-driven products, developing privacy notices and data collection disclosures, advising on automated decision-making risk, and operationalizing transparency and consent requirements into real-world workflows. We help growing and venture-backed companies scale privacy, security, and AI compliance programs that support innovation without sacrificing legal defensibility.

International

For clients with employees or operations outside the United States, strict data privacy and AI requirements can present a minefield of hidden dangers and potential liability. Our attorneys have considerable experience helping employers manage the intricacies of data privacy and AI governance laws worldwide, including throughout the European Union—where the GDPR and the EU AI Act impose overlapping obligations on how employers collect, process, and make decisions about employee and applicant data—and across North America, Asia, and South America.

Our international work spans the full range of cross-border privacy and AI challenges: reviewing and revising HR policies for multi-jurisdictional compliance, advising on data privacy and AI governance during mergers, acquisitions, and divestitures, coordinating cross-border DSAR responses and breach notifications with local counsel and data protection authorities, guiding clients through DPIAs for high-risk processing activities such as AI-driven profiling, and working with third-party technology and AI vendors to ensure that technical solutions comply with the laws of each relevant jurisdiction. We also advise on the balance between disclosure requirements, privacy obligations, and AI transparency mandates, helping multinational employers build programs that work cohesively across borders rather than jurisdiction by jurisdiction.

Privacy and AI Litigation

Our litigation team defends businesses in the growing wave of privacy and technology-related disputes, bringing dual compliance and litigation experience that allows us to spot risk early, mitigate exposure before disputes arise, and pursue efficient resolutions when they do. Our litigation experience spans:

Federal and state wiretapping claims under the Wiretap Act, CIPA, WESCA, and FSCA, including claims arising from website analytics pixels, session-replay tools, and customer interaction tracking technologies
VPPA claims, including in contexts involving educational technology and learning management systems
Individual and class action defense involving data breaches, biometric privacy, and alleged unlawful data collection
Post-incident litigation positioning following ransomware attacks, insider threats, and complex breach events
Emerging AI-related disputes involving algorithmic decision-making, automated screening tools, and bias claims

Incident Response

When a cybersecurity incident strikes, time is of the essence. Our team has led clients through ransomware incidents, insider-threat breaches, and complex multi-jurisdiction notification events. We coordinate forensic investigations, regulatory notification strategy, and public communications under tight timelines, while positioning clients for potential litigation, regulatory review, and post-incident remediation. Our incident response capabilities include tabletop simulations and exercises designed to prepare organizations before a crisis occurs.

Experience

Ogletree Deakins attorneys bring years of experience addressing privacy, data security, and AI governance issues, serving as trusted resources to firm colleagues and clients alike when challenges arise. Our team provides strategic direction and knowledgeable oversight across all phases—from prevention, detection, and response to remediation, regulatory engagement, and, when necessary, litigation. Our attorneys hold industry-recognized credentials, including Certified Information Privacy Professional/US (CIPP/US) and CIPP/Europe (CIPP/E) certifications from the International Association of Privacy Professionals, and are frequent speakers and published authors on privacy, cybersecurity, and AI regulation.

Value

Ogletree Deakins offers value-based billing for clients. We work closely with our clients to develop fee arrangements that are tailored to their needs, and we are happy to discuss alternative fee arrangements that may interest you. Our approach prioritizes clarity over complexity, providing executives and technical teams with actionable guidance rather than dense legal theory.