Cyber Security and Data Privacy

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Overview

Connell Foley's Cyber Security and Data Privacy team is composed of tech-savvy lawyers with decades of experience in technology litigation, risk management and counseling. The firm provides representation on cyber law matters to a wide range of clients, including prominent Fortune 100 corporations, start-ups and privately held firms victimized by cybercrime.

The Group works as part of a multi-faceted team to help clients evaluate and manage all aspects of a data breach or hacking incident. Information security breaches trigger multiple risks and response challenges. In order to respond quickly and cost effectively, the team takes an interdisciplinary and coordinated approach to all matters. We work closely with those lawyers from our crisis management, professional liability, health care, white collar, commercial litigation, employment and class action practice groups who are best suited to handle each unique claim.

The firm has the knowledge and experience necessary to represent clients in the collection, management and protection of personal, financial and health information, as well as the investigation, assessment and litigation of matters arising from information security and data breach incidents.

Professional services range from advising clients on legal and regulatory compliance and risk management, to the development of an incident response plan and implementation of remedial action in response to a cyber security breach. We provide guidance post-breach to determine the scope of a breach, advise on statutory notification requirements, negotiate with credit and debit card processors and, if needed, engage the services of forensic and public relations experts to provide investigation assistance and analysis to mitigate any resulting liability. As these measures are underway, preparation for litigation must be ongoing, including providing advice on document retention obligations and working with law enforcement and government regulators. In addition, our attorneys have experience in the evaluation of insurance coverage issues and the litigation of declaratory judgment and contract actions in the context of cyber coverage matters.

Working in conjunction with the firm's White Collar Group, Connell Foley also interfaces with federal and state investigative agencies and government regulators. Our lawyers are available to represent clients throughout the country in federal and state courts, before regulatory agencies and in alternative dispute resolution proceedings in cases arising out of data security events asserted by regulators, consumers, our clients' business partners and other parties.

In response to the developing needs of our clients and the impact of technology and data privacy across numerous industries, Connell Foley also provides counseling to companies and professionals with regard to social media. Teaming with the firm's Labor and Employment Law and Professional Liability Groups, the Cyber Security and Data Privacy team provides risk management advice regarding social media in the workplace and the implementation of policies to protect corporate social media assets. Attorneys from the firm's Professional Liability Group also regularly advise law firms and insurance industry professionals on the impact of social media on those industries and in litigation.

Our clients are diverse and the issues they face are often unprecedented. Connell Foley has the privilege of counseling leading companies in the United States in matters involving the Computer Fraud and Abuse Act, the Stored Communications Act, HIPAA, unfair and deceptive trade practices acts and common law claims. Connell Foley attorneys are considered thought leaders in the cyber security area, frequently speaking at national conferences and publishing articles relevant to this evolving field. To best serve the firm's clientele, our attorneys routinely monitor the legal and regulatory developments in cyber law and counsel clients on the technological changes impacting their business.

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