As the regulatory landscape for digital services has become increasingly complex, Steptoe’s cross-border and cross-practice team helps clients navigate the myriad of related and growing legal challenges around the globe. Our lawyers have significant experience assisting clients on fast-evolving issues in the digital world, encompassing data protection and privacy, cybersecurity, artificial intelligence, blockchain and cryptocurrency, and content management and digital governance issues in the United States, European Union, United Kingdom, and across the globe. Our cross-border team provides clients with a holistic approach, offering advice on public policy, compliance, enforcement and investigation, litigation, transactional, and commercial work, while always focusing on meeting clients’ businesses challenges and opportunities.
In the realm of Government Affairs and Public Policy, our team excels at guiding clients through the intricate dynamics of digital laws, public policy, regulation, competition, and economic trends, particularly as they relate to evolving issues regulated by the US federal government, state and local jurisdictions, the European Union and other major global markets. Our services include:
- Legal Advocacy: We leverage our knowledge and experience to advocate before decision-makers, influencing legislative, administrative, and policy proposals to shape a favorable regulatory environment.
- Regulatory Monitoring and Analysis: Our team diligently monitors and analyzes the latest legal developments, empowering clients with up-to-date insights to navigate the ever-changing regulatory landscape effectively.
Steptoe’s team understands not just how to navigate the maze of global digital laws and regulations affecting businesses, but also how they were developed and how they can be applied to meet our clients' needs. Our services include:
- Compliance Program Development: This includes building and implementing compliance programs, including auditing compliance, drafting gap analysis, reviewing notices and policies, drafting and reviewing contracts with partners and services providers, conducting impact assessments, and providing trainings and tabletop exercises for employees.
- Risk Advisory Services: We offer advice on risk exposure to meet business needs.
- Ongoing Compliance Support: Our team provides day-to-day assistance to maintain strong compliance standards.
Our team provides holistic support, addressing key digital issues while providing comprehensive assistance at every stage of the business cycle, ensuring seamless navigation through diverse challenges and opportunities, from negotiating transactions to offering day-to-day advice on various business and legal matters. Our services encompass:
- Due Diligence Support: We assist in comprehensive due diligence processes, ensuring thorough examination of all essential aspects. This enables well-informed decision-making, taking into account the complexities of digital regulations.
- Pre- and Post-Closing Compliance: Our team ensures a smooth compliance process before and after closings, helping you meet regulatory requirements and protecting your digital assets.
- Commercial Agreement Negotiations: We skillfully negotiate and draft commercial agreements that protect your interests and promote successful partnerships with emerging tech-focused businesses.
- Mergers and Acquisitions, Joint Ventures, and Dispositions: From complex AI-driven financial transactions to restructuring efforts, considering data protection and privacy implications, we facilitate critical business moves to achieve client goals.
Our team has extensive experience in handling investigation and enforcement proceedings before US, EU and UK regulators, as well as other selected jurisdictions. We provide counsel to numerous organizations on law enforcement and intelligence access to communications and information under a variety of applicable laws. Our comprehensive capabilities encompass:
- Cybersecurity Incident Response and Regulatory Investigations Support: We facilitate the response to cybersecurity incidents by overseeing coordination with third-party advisors, such as forensics experts and public relations professionals. We assess the severity of the situation, identify reporting obligations, and provide assistance with containment and recovery efforts.
- Representation in Investigations and Enforcement Actions: Our team represent clients in all phases of investigations and enforcement actions, ensuring our clients' interests are protected and their rights upheld.
- Risk Assessment and Mitigation: We advise on risk exposure evaluation and effective liability mitigation.
- Strategic Compliance Guidance: Our guidance ensures compliance with various laws governing law enforcement and intelligence access to data.
Clients rely on our team's advice when they require seasoned trial lawyers who are experienced in the digital world. We are well-equipped to handle a wide spectrum of complex disputes related to data breaches, cybersecurity incidents, and privacy violations, both in courtrooms and arbitration venues across the US, EU, UK, and beyond. Our proactive approach begins long before litigation is initiated, ensuring that we are fully prepared to secure successful outcomes when these cases progress to the courtroom. Our services include:
- Proactive Strategy Development: We map out strategic approaches even before litigation is filed, ensuring preparedness to obtain successful results when disputes go the distance and are resolved in the courtroom.
- Representation in Damage Claim Lawsuits: We advocate for our clients in data breach lawsuits, leveraging our deep understanding of data privacy laws to protect clients' interests and achieve favorable resolutions.
- Class Action Lawsuits: We routinely handle "bet-the-company" cases in which millions and sometimes billions of dollars are at stake. We have achieved successful results at every phase of the class action litigation process, in trial and appellate courts in jurisdictions across the country.
- Appellate Practice: We appear in every circuit and numerous states, from discrete matters in intermediate appellate courts to high-stakes disputes and precedent-setting US Supreme Court cases.
Representative Matters
Privacy and Data Protection
- We advise a cloud technology company on the design and development of an innovative social media platform. This large project encompasses advice on compliance with all applicable EU, UK and US digital laws and forthcoming regulations (e.g., data protection, privacy, cybersecurity, content moderation, AI, etc.), as well as strategic advice on company’s development and growth.
- We assist an application for undergraduate college admission that applicants use to apply to colleges and universities across the United States, as well as in Canada, China, Japan, and many European countries, with compliance with all applicable EU, UK and US privacy and data protection laws.
- We have been advising a machinery manufacturing company on the applicability of the Digital Services Act Regulation to the client’s design and social media platform. We have further been assisting the client on compliance with the obligations imposed by this new regulation.
- We represent an advertising and marketing technology company based in Irving, Texas, on a number of matters arising from government inquiries into the management and use of consumer data.
- We advise a mining company on legal remedies against a global provider of financial market data for multiple violations of the founder’s right to privacy. We have been providing advice on the choice of the legal forum and the defense strategy. Steptoe team has further been instructing and coordinating advice from local counsel in the relevant jurisdictions.
- We advise a leading global genealogy platform on: (i) the development, implementation, and ongoing maintenance of its global data privacy program; (ii) engagement with privacy regulators; and (iii) cyber incident response.
Artificial Intelligence
- We represent the AI Data Integrity Coalition that advocates for transparency and disclosure of data sources for Large Language and Foundation Models of Generative AI (GAI)companies. We also advocate for attribution and provenance of GAI outputs.
- We represent a major global publishing house around AI and copyright, data protection and use, as well as licensing opportunities and AI legislative and regulatory developments around the world.
Cybersecurity
- We represented the CEO of a cybersecurity company in presenting testimony to the United States Senate Commerce Sub-Committee on Consumer Protection regarding bug bounties. We also advise the company on certain federal agency and legislative developments relating to cybersecurity, as well as engage with the pertinent agency and Congressional staff and members of Congress as appropriate.
Internet, Telecom and Media
- We advise a major online lodging marketplace on regulatory and legislative proposals and efforts in the Short-Term Rental space. We have reviewed, analyzed and advocated on dozens of international, federal, state, and local existing and proposed Short-Term Rental ordinances, laws, and regulations. We also provide advice and counsel regarding general internet law developments, including new EU laws such as the Digital Markets and Digital Services Act, and US federal and state housing and other anti-discrimination laws.
- Representing the internet industry, we have achieved victories or partial victories in favor of net neutrality protections in all three Court of Appeals cases that have been decided over the last 12 years on this important subject.
- We successfully fought against the previous presidential administration’s effort to abridge the freedom of social media platforms.
- We won a landmark case before the Court of Appeals for the DC Circuit against the FCC's "broadcast flag" requirement, which would have prevented the internet redistribution of high definition television content.
- We won the plug and play case in the DC Circuit, and an important case striking down internet video taxes in the Seventh Circuit.
Blockchain and Cryptocurrency
- We advise a digital asset trade association on public policy issues involving anti-money laundering and sanctions compliance matters, as well as tax policy matters, and assist with comments to bodies like the US Treasury Department, the Financial Action Task Force, and the Organization for Economic Cooperation and Development.
- We advise a crypto research company and its principals on political law issues as the company announced their intention to be significant participants in the public policy debates involving digital assets. We also help them ensure their compliance with applicable laws in doing so.
- We advise a software development company on the US aspects of structuring and forming a cryptocurrency fund, including the drafting of US fund formation documents, as well as discussions with client’s BVI, Cayman, and European counsel and client’s tax consulting firm. We also assist the client in drafting agreements with its business partners in connection with the US aspects of its cryptocurrency fund.
Litigation
- We represented a software technology company in a patent infringement case against a Canadian multinational e-commerce company related to mobile phone and website functionality. We served as first chair trial counsel and won a $40 million jury verdict, where the jury found all asserted claims at trial were infringed and valid.
- We defended an electronic learning toy company in a Federal Trade Commission investigation and a series of consumer class actions – among the first of their kind – asserting diminished value claims based on a data breach involving online products and applications. Steptoe resolved the claims following aggressive motion practice with protective measures and retail credits.
- We successfully resolved claims against a prominent genetic test company for allegedly violating the Illinois Biometric Privacy Act in its handling of genetic testing material acquired from patients in other states because one of the payors for the genetic tests was located in Illinois.
- We prosecuted claims against thieves who set up a phony website in the name of a global media-buying company and solicited prospective employees and advertisers to the website only to steal their personal and financial information. We quickly obtained a restraining order and injunction allowing us to seize the website and dismantle it, freeze the accounts into which funds had gone, and assist law enforcement in shutting down the overseas thieves as well as their US accomplice.
- We are advising a Chinese consumer electronics company in multi-year litigation in multiple courts and countries on a $600 million trade secret case.
- We represent numerous companies, including the world’s leading learning company, a global appliance company, and a nationwide security company, in threatened class action lawsuits or arbitration alleging numerous theories of violations under California’s Invasion of Privacy Act, California Penal Code § 630, et seq. Several theories allege that our clients aided and abetted third-party vendors to have simultaneous, real-time access to the website user’s chat communications without the user’s knowledge or consent.
- We represent several companies in matters concerning their website session replay technology where a user’s interactions are allegedly intercepted, recorded, and transmitted to third parties without consent during a user’s communications with the website, including mouse movements, clicks, keystrokes, and search terms in real time while the user browses the website. These cases typically resolve either prior to the filing of a lawsuit, or early on in the pleadings stage.
- We represent one of the leading brands serving digital and software-based businesses in: (i) a putative class action filed against it in federal district court in San Diego; and (ii) a putative class action filed against it in the Northern District of Florida alleging violations of the federal Telephone Consumer Protection Act do-not-call laws as well as the Florida Telephone Solicitation Act autodialer laws.
Enforcement and Investigation
- We represent an American television provider in appealing a Federal Communication Commission (FCC) order that approved a huge constellation of 7,500 satellites (representing triple the total number of satellites launched into orbit since the dawn of the space age) and is involved in several other ongoing proceedings regarding an American spacecraft manufacturer’s application.
- We represent a coalition of wireless companies, Steptoe successfully convinced the FCC to open a rulemaking about the 12 GHz band — a crucial portion of the electromagnetic spectrum.
- We assist a social media platform with complex FCC experimental licensing issues. Representation includes preparation of FCC applications, negotiation with FCC staff and the Interagency Radio Advisory Committee, coordination with incumbent FCC licenses for consent to use their spectrum, and reporting to the FCC as required.
- We represent a Hong Kong-based cryptocurrency exchange company and a cryptocurrency stablecoin in connection with investigations relating to clients by multiple enforcement agencies, including the New York Attorney General's Office and the Commodity Futures Trading Commission.
News & Publications
Press Releases
Ross Weingarten, Former Assistant United States Attorney, Joins Steptoe
April 16, 2025
Publications
Complying with New Personal and Sensitive Government Data Rules
Export Compliance Manager
March 2025
Media Mentions
Anne-Gabrielle Haie Discusses AI and Privacy Challenges in ION Analytics' 'Women to Watch' Series
March 14, 2025
Press Releases
March 11, 2025
Media Mentions
Cybersecurity Law Report Quotes Anne-Gabrielle Haie in Article on AI and GDPR Compliance
February 28, 2025
Media Mentions
Cybersecurity Law Report Quotes Anne-Gabrielle Haie in Article on EDPB's Opinion on AI Models
February 19, 2025
Client Alerts
NYDFS Proposals Target Overdraft Fees
January 27, 2025
By: Stephen A. Aschettino, Tarrian L. Ellis, Andrew Owens, Benjamin M. Saul
Events
Webinars
Monthly AI, Data & Digital Roundtable - AI for Litigation through Trial
April 23, 2025
Speakers: Christopher Suarez, Jarod Stewart, Craig Smyser
Webinars
Monthly AI, Data & Digital Roundtable
December 5, 2024
Speakers: Christopher Suarez, Michele Nellenbach
Webinars
AI, Data & Digital Roundtable on IP and Trade Secrets Issues Related to AI
November 20, 2024
Speakers: Andrew C. Adams, Anne-Gabrielle Haie, Christopher Suarez
Seminars & Events
Brussels Symposium and Cocktail Reception
November 12, 2024
Speakers: Ruxandra Cana, Eric C. Emerson, Tyler Evans, Anne-Gabrielle Haie, Robert Klotz, Patrick F. Linehan, Byron Maniatis, Eva Monard, Eléonore Mullier, Daniel A. Mullen, Darryl Nirenberg, Meredith Rathbone, Jeffrey G. Weiss, Charles Whiddington, Wendy Wysong
Seminars & Events
AI and National Security Law Discussion
October 29, 2024
Speakers: Brian J. Fleming, Evan T. Abrams, Elizabeth "Liz" Cannon, Colleen Mearn, John Heflin