Alexander J. Franchilli

Alexander J. Franchilli is Counsel in Simpson Thacher’s Privacy and Cybersecurity Practice in the New York office. Alexander advises clients on compliance with privacy, cybersecurity, and consumer protection laws and regulations, including the California Consumer Protection Act (CCPA), the Colorado Privacy Act (CPA), the Connecticut Data Privacy Act (CTDPA), the Texas Data Privacy and Security Act (TDPSA) and other similar state privacy laws; financial privacy laws, such as the Gramm-Leach-Bliley Act (GLBA) and the Fair Credit Reporting Act (FCRA); health privacy laws, such as the Health Insurance Portability and Accountability Act (HIPAA), the Washington My Health My Data Act and similar state health privacy laws; privacy laws relating to minors, including the Children’s Online Privacy Protection Act (COPPA); state and federal wiretapping and eavesdropping laws, including the Federal Wiretap Act and the California Invasion of Privacy Act (CIPA); the Video Privacy Protection Act (VPPA); and direct marketing laws such as the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act.

Alexander counsels clients on the use of online tracking tools and other advertising technology, automated decision-making tools and artificial intelligence systems, and data licensing and monetization in a variety of industries. He routinely negotiates privacy and cybersecurity terms in commercial agreements, including data processing addendums, breach notification terms and data use rights. 

Drawing on his in-house experience, Alexander helps organizations structure privacy compliance programs, including systems for responding to data subject requests, drafting and updating privacy policies, and developing data retention and data classification policies. He also assists clients in responding to cybersecurity incidents, notification obligations and strategies, and arranging and coordinating with third-party cybersecurity firms. Additionally, Alexander is an experienced litigator, represents organizations in response to regulatory investigations and inquiries, and represents clients in state and federal court, in binding arbitrations in AAA, JAMS, and FINRA and in private mediations. Alexander is a Certified Information Privacy Professional by the IAPP (CIPP/US) and Certified in Cybersecurity (CC) by ISC2.

Representative engagements include:

• Platinum Equity in its signing of a definitive agreement to acquire PlayPower;
• Underwriters in connection with a public offering by UnitedHealth Group of $3 billion aggregate principal amount of its notes;
• Monex Group in connection with its agreement to acquire a 20% stake in Westfield Capital Management Company;
• Baker Tilly in connection with its entry into a definitive agreement to combine with Moss Adams;
• IDG, a portfolio company of investment funds affiliated with Blackstone in connection with IDG’s sale of its Foundry business to Regent; and
• Waystar and an entity affiliated with EQT in connection with a secondary offering of common stock of Waystar by EQT and other selling stockholders.