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Cybercrime is not confined to stealing electronic data. Cybercriminals are now targeting corporate reputations in cyberspace. Their malicious online activities – sometimes conducted by competitors, third-party organizations, and unknown persons masking their identities -- are becoming more prevalent.

Crowell & Moring has developed a broad array of capabilities to investigate and defend against high profile reputational attacks. We work with clients and technology experts to understand the issues. We litigate tough First Amendment, “anti-SLAPP,” Communications Decency Act, Stored Communications Act, and unknown defamer issues with innovation and creativity. We coordinate our counseling and defense efforts across multiple practice groups such as Litigation, Torts, Retail & Consumer Products, and Regulatory groups.

We represent a broad spectrum of domestic and international clients at risk in this area, including internet companies, retailers, consumer product companies, government contractors, healthcare companies, financial service firms, and educational institutions. Our reputational defense services include:

  • Anonymous / First Amendment defamation and infringement litigation
  • Anti-SLAPP litigation
  • Communications Decency Act and Stored Communications Act litigation
  • Defamation removal and retractions
  • Digital Millennium Copyright Act “take down” requests
  • Domain name re-grabbing and assignment
  • Non-disparagement agreements
  • Forensic analysis and investigation
  • Reputation, crisis management, and litigation counseling
  • Advertising, marketing, and consumer protection
  • Privacy and data protection

Members of our cross-practice team have been named as the leading practitioners by Chambers Global, Chambers USA and Chambers Europe, Class Action Law360, Competition Law360, the European and United States Legal 500, European Legal Experts, Best Lawyers, the Los Angeles Daily Journal and JUVE in Germany.

Crowell & Moring continues to publish and present on cyber reputation matters, including posts on its Data Law and Retail & Consumer Products Law Observer blogs. Those blogs track legal developments in this growing area and provide an early-warning system on problem issues.

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Recent FTC Guidance On The Use Of Artificial Intelligence And Algorithms In The Age Of COVID-19 (September 2020). Authors: Monty Cooper, Jodi G. Daniel, Kate M. Growley, and Natalie O. Ludaway.
Publications
Influencer Exits. Ban Threats. Can TikTok Weather The Storm? Los Angeles Times (July 31, 2020)
Media Mentions
Trumped-Up US Claims About China's TikTok All Part Of Washington's Acrimonious Trade War China Daily (July 29, 2020)
Media Mentions
21 former security leaders: We oppose militarized DHS deployment in Portland (July 28, 2020). Co-Author: Evan D. Wolff.
Publications
The Feds Want You To Freak Out Over TikTok. You Shouldn’t, And They Can’t Ban It Anyway Forbes (July 24, 2020)
Media Mentions
COVID-19 Vaccine Hacking May Prompt Data Security Rethink Law360 (July 24, 2020)
Media Mentions
"Ransomware: What You Need to Know Now," RSA Webinar (July 22, 2020). Panelist: Evan D. Wolff.
Speech/Presentation
Can The U.S. Government Actually Ban TikTok? AdWeek (July 17, 2020)
Media Mentions
"Anatomy of a Cyber Incident: Today and a View for the Future," Lawrence Livermore National Laboratory, Science & Technology Colloquium via Webex (July 16, 2020). Presenter: Evan D. Wolff.
Speech/Presentation
"Privacy Shield Invalidated: EU Data Transfers to the U.S. under Siege (again…)," (July 16, 2020). Contacts: Jeffrey L. Poston, Maarten Stassen, Jeane A. Thomas, CIPP/E, Frederik Van Remoortel, Jarno Vanto, Laurence Winston, Lee Matheson, CIPP/US/E/A, CIPM, PCIP, Robert Holleyman
Client Alert/Newsletter

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Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, and Brussels.

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