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Cybersecurity and Data Privacy

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Overview

Victims of corporate data breaches need nimble, knowledgeable legal support. From initial crisis response and regulatory compliance to litigation preparation and reduction of future risk, our Cybersecurity and Data Privacy team has the extensive background and proven track record to meet these companies’ needs. We bring decades of experience with technology lawsuits, risk management and privacy law counseling to our representation of Fortune 100 corporations, startups and privately held firms victimized by cybercrime. This counsel encompasses data security claims by regulators, consumers and clients’ business partners.

Practice members take an interdisciplinary approach to all matters arising from a security breach. To respond quickly and cost-effectively in the wake of a cybercrime, the team collaborates with colleagues who are best suited to handle each unique claim. In addition to crisis management, coordinated services include counsel related to:

  • Professional liability
  • Health care
  • White collar defense
  • Commercial litigation
  • Employment
  • Class action
  • Banking
  • Insurance coverage
  • Retail representation

The group also provides the following services:

  • Legal and regulatory compliance — We counsel leading companies in the United States on matters involving common law claims as well as the following federal laws:
    • Computer Fraud and Abuse Act
    • Stored Communications Act
    • HIPAA
    • CAN-SPAM Act
    • Unfair and Deceptive Trade Practices Act 
  • Risk management counsel — Our team develops incident response and remedial action plans to be implemented in the event of a breach. We offer guidance to determine the scope of a breach, advise on statutory notification requirements and negotiate with credit and debit card processors. When necessary, we also engage forensic and public relations experts for investigation assistance and analysis to mitigate any resulting liability. 
  • Representation in court and other proceedings — Clients throughout the country value our representation in federal and state courts and alternative dispute resolution forums, as well as before regulatory agencies. Our litigation preparation includes counseling clients regarding their document retention obligations and their interaction with law enforcement and government regulators. We conduct thorough evaluations of insurance coverage with respect to litigation of declaratory judgment and contract actions.
  • Counsel on social media — In response to our clients’ developing needs and the impact of technology and data privacy across numerous industries, the group also advises companies and professionals on social media. Teaming with Connell Foley’s Labor and Employment and Professional Liability Practice Groups, we provide risk management advice on social media in the workplace and counsel clients on the implementation of policies to protect their corporate social media assets. We regularly offer guidance to law firms and insurance and other industry professionals regarding the impact of social networking on their industries and in litigation.

Thought leaders in cybersecurity, our lawyers frequently speak at national conferences and publish on this evolving field. We monitor legal and regulatory developments and advise clients on the technological changes shaping their business.

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