Privacy and Cybersecurity

Our Privacy and Cybersecurity Team provides practical and comprehensive counseling and litigation solutions to address the privacy and data security concerns and compliance issues that companies must grapple with today. We work with companies to create critical data breach mitigation strategies, pre-incident response plans, and compliance with applicable state and federal laws governing data breach incidents.

In the event of a suspected or actual data security breach, we provide companies with strategic advice and counsel not just to comply with applicable legal requirements, but to help protect their finances and business reputations to the extent possible despite any such incident. We assist companies on all aspects of their responses to incidents, including securing any available insurance coverage, coordinating the forensic investigation, evaluating what notices are required or prudent, assisting with the preparation and sending of notices, and addressing any related potential liability issues and/or litigation.

Our multi-practice team includes:

  • A Certified Information Privacy Professional (CIPP/U) who advises and represents clients on a broad range of privacy issues.

  • Lawyers and IT professionals who train employee groups on legal compliance and contemporary workplace best practices, draft privacy and information security policies and assist with communication strategies.

  • Insurance recovery attorneys and an insurance risk management consultant who advise clients on the placement of cyber insurance policies, draft captive insurance “Tech E&O” and stand-alone cyber insurance policies, and work with our clients’ insurance brokers in negotiating the broadest possible coverage in the purchase or renewal of their cyber insurance policies, as well as traditional insurance that may apply to cyber and “Internet of Things” risks (e.g., property, general liability, errors and omissions liability, and directors and officers liability).

  • White collar defense and government investigations attorneys who help clients handle government reporting and inquiries following a breach, including, in some cases, investigation of the incident by government authorities. We also help guide clients through any follow-on enforcement scrutiny that may focus on the client’s breach response.

  • Intellectual property and technology litigators who have deep familiarity with the latest cloud computing and security/encryption technologies, and have litigated numerous patent cases involving these technologies. We also have significant experience handling the types of copyright and trade secret infringement issues that can follow a data breach, and are a valuable resource in the midst of a cybersecurity crisis that can threaten our clients’ businesses and brands.

  • Litigators who have tried cases across the nation and will vigorously defend clients when data breaches result in litigation. We can take on the major class actions and multidistrict litigation, which often follow high profile data breaches.