The following is an excerpt from Practice Perspectives: Vault's Guide to Legal Practice Areas.
Megan Gordon is a partner in Clifford Chance's U.S. Regulatory/White Collar group focusing on data privacy and cyber security related matters and investigations. Megan co-heads Clifford Chance’s U.S. Cyber Security and Data Privacy Group and is a leading member of the firm’s global Tech Group. She serves as the Office Managing Partner for the firm's Washington, DC office. Her practice focuses on risk management, transactional due diligence, compliance and internal investigation matters.
Brian Yin is an associate in Clifford Chance's U.S. Litigation and Dispute Resolution Group. He represents clients in cross-border criminal and regulatory investigations and cyber security and data privacy compliance.
Describe your practice area and what it entails.
Megan: Brian and I focus on data privacy, but our work also encompasses digital assets and cryptocurrency, fintech, cybersecurity and data breaches. We often advise on regulatory issues, enforcement actions and investigations of tech companies as well as issues relating to consumer protection. We are part of the firm's global tech group, a multidisciplinary team comprising more than 600 attorneys around the world. We work together across regions and practice areas to advise companies on complex, tech-related matters.
Brian: In this practice, we help companies protect and maximize their most valuable asset: their data. And we help them do this in a lawful, ethical and beneficial way. How we do this looks different every day, but it always entails helping our clients think strategically.
What types of clients do you represent?
Brian: The reality is that every company conceptualizes itself as a tech company (or at least it should). We represent a wide range of clients, from companies that create software and electronics to consumer goods companies to insurance companies doing tech work. Our sweet spot is multi-national companies and companies looking to cross borders, whether it is businesses in the U.S. looking to expand to other regions or companies in other regions looking to establish U.S. operations. Our ability to work with our global network and align clients' needs with each region's laws is a key distinguishing feature for our firm.
What types of cases/deals do you work on?
Brian: What I love about this practice is that what the work looks like varies depending on what our clients need. We do more traditional types of work, such as examining data privacy and cybersecurity risks in a merger or acquisition or counseling a client responding to a ransomware attack. But we might also advise companies on new initiatives around emerging challenges. For example, maybe a client has a pool of data they want to use but are not sure how. We might advise on what they can do with it in a way that is ethical but also beneficial for the company and the consumers who provide that data.
Megan: We might work one day with a more traditional company on data privacy issues and the next day work with a new gaming company on risks that might arise when expanding an app to accept cryptocurrency.
How did you choose this practice area?
Brian: I started my law career at Clifford Chance just as the General Data Protection Regulation (GDPR) was causing shockwaves around the world. The firm was getting questions from U.S. clients wondering about impacts of the law, and questions from EU clients wondering about considerations for their U.S. operations and entities. It was an amazing opportunity to learn about something brand new, to hop on a trend creating a lot of new work. It also gave me the chance to work with a great team, including Megan and New York partner Dan Silver.
Megan: I started working on tech work before I realized what I was doing. As a junior attorney, I worked on U.S. privacy matters before privacy was a big issue. As my career progressed, the world changed and it started becoming a hot topic for clients around the world. When you look to the future, that's where you should aim your practice. We structure ourselves around the needs of our clients, and the needs of our clients were evolving in this direction.
What is a typical day like and/or what are some common tasks you perform?
Brian: It's hard to describe a "typical" day since what we do depends on what our clients need, which varies so much. Usually, however, the work we do doesn't stay within our borders. Whether it's a call to discuss a global initiative with a client in the EU or a chat with colleagues in Asia on cross border risks, I am constantly talking with folks around the globe. It really helps me keep a global perspective.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
Megan: It's important to be up to date on the latest issues and to continue expanding your knowledge. I recommend developing a background in IP or data privacy and taking tech-focused classes. Traditionally, only IP attorneys would have a technical background, but everybody needs to understand technical issues when it comes to this type of work. Maybe take a class about coding algorithms. You might find yourself analyzing how algorithms can result in discrimination claims or other issues someday, and that background helps.
Brian: As with all law, writing, research and communication skills are essential. I also recommend a willingness to engage with things outside your comfort zone. Because tech is so expansive, we're constantly delving into new areas of law or industries we don't know much about, continually learning and broadening the work we do.
What do you like best about your practice area?
Megan: I love how fluid tech is. I love learning about new issues and figuring out new technology, and thinking about how different things interact and how we're going to regulate new environments based on old laws and what is on the horizon. It's fascinating to consider the legal issues arising as we move into the metaverse era and this next generation. The continual challenge of new and novel issues being thrown at us—I love it.
Brian: I like that we have become strategic partners to our clients. We're helping them look forward and figure out how to move effectively into the future against a changing landscape. I also enjoy working across jurisdictions and looking at laws from different countries. It's challenging and fun to help clients understand different legal perspectives and traditions.
What is unique about your practice area at your firm?
Megan: Our junior attorneys in the tech group get a lot of client interaction. Because so much in this industry is changing and attorneys of all levels are learning together, our tech associates have unique opportunities to take an active part in the client relationship, even becoming the go-to person for niche issues early in their careers. At Clifford Chance, each practice has an area where you can find a specialty and let yourself shine.
Brian: I completely agree, I had opportunities as a junior lawyer to work closely with partners and advise clients directly. I was involved in meaningful work and found a place for myself here very quickly. Tech companies are entrepreneurial, so we need to be enterprising and unconventional when we're serving them. Getting the chance to be entrepreneurial in your practice is exciting, particularly with the full scope of our global tech group behind us. The support and knowledge across offices and practices allows us to think more broadly and innovate in a way that is uniquely Clifford Chance.
What are some typical tasks that a junior lawyer would perform in this practice area?
Brian: There is no such thing as a typical task. Responsibilities can range from putting together a client briefing, presentation or training program, to drafting U.S. law responses to a multi-jurisdictional survey, to analyzing cybersecurity and data privacy risks in a transaction. As a junior lawyer, I had the genuine opportunity to work on deals and interact with clients. I was even able to take the lead in drafting client advice (with guidance and support from Megan).
How do you see this practice area evolving in the future?
Brian: Technology is defined by evolution; things are changing very quickly. I think every company should and will consider itself a tech company, whether it's using data and tech to work better or to augment its offerings. And especially as our world continues to globalize and data becomes ever more valuable, I think there will be a push for countries to work together to standardize global laws around data privacy, as we are starting to see tension between U.S. laws and those in other jurisdictions.
Megan: I agree. We're entering a new and different time. Tech isn't just about startups anymore. These are the largest companies in the world and they have incredible power and influence. You're going to see issues from content moderation, to antitrust, to privacy, to artificial intelligence, to export controls. In the next year we're expecting to see a series of enforcement actions from regulators against cryptocurrency and digital asset issues. Industries like gaming and cryptocurrency will become a larger part of our society. You may see gaming companies growing if they end up with a bigger foothold in the metaverse than Facebook. I am particularly interested in the effects of the metaverse and of artificial intelligence and how they will shape the future.
The nontraditional is entering the mainstream. It's a great time to go into this field, especially if you enjoy thinking broadly about implications on unusual legal issues and how society is going to change.