Over the last generation, the Internet has evolved from a tool used primarily by the technologically sophisticated to an omnipresent hub for commerce and social networking entwined with most aspects of our daily lives. That change has brought many new challenges for companies, individuals, and governments. Because the law often lags behind technological and social change, cyber law and Internet law pose uncharted hazards, requiring innovative solutions and strategies. The lawyers of Brown White & Osborn LLP have experience representing clients at many complex intersections of law and Internet technology. Our team’s formidable government and law enforcement experience makes us eminently qualified in investigating breaches, working with law enforcement, and responding to crisis situations a company or individual confronts. Similarly, our expertise with the intersection of online speech and the First Amendment helps us secure optimal results for our clients in cases involving Internet threats and defamation. Our representation includes the following:
- Advising corporate clients regarding compliance with online privacy laws
- Assisting clients with the consequences of online security breaches
- Defending individuals and companies against criminal allegations involving cyber crime
- Advising companies and individuals involving data security and protection, employee liability issues, and commercial espionage
- Advising companies and individuals involving data control and data management
- Advising clients on and conducting internal investigations related to cyber-breach threats from criminals, competitors, and disgruntled employees, including determining the source of the breach, minimizing the risks of future breaches, creating protocols to respond to breaches, and maintaining the attorney-client privilege
- Representing clients in state and federal defamation cases involving online content, including bringing and defending anti-SLAPP motions
- Advising clients regarding the defamation risks posed by online content and how to manage them
- Advising clients on information privacy and business interactions in the online marketplace
- Advising clients on cryptocurrency matters, including securities registration, exemption and other regulatory issues related to initial coin offerings
- Obtaining and defending against restraining orders regarding online harassment and other conduct
- Handling complex cyber-discovery issues, including subpoenaing Internet service providers for records
- Representing defendants in state and federal court on charges of cyber threats
- Representing clients in intellectual property matters involving cyber content
- Assisting clients with issues under governing federal and state laws including the Computer Fraud and Abuse Act, The Communications Decency Act, the Stored Communications Act, and the Electronic Communications Privacy Act
Recent Representations:
- Used California’s anti-SLAPP statute to win dismissal of numerous defamation claims aimed at online content
- Advised and represented company in breach of their PayPal account information by a disgruntled employee
- Advised companies on data security and privacy policies
- Investigated data breaches and prepared incident response plans for companies
- Convinced numerous potential plaintiffs not to sue clients for online defamation
- Secured favorable result for defendant charged with threats against FBI agents
- Advised cryptocurrency startup regarding compliance issues and litigation risks related to initial coin offering
- Secured judgment under the Stored Communications Act for wrongful disclosure of client data by Internet Service Provider