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. In light of the California Consumer Privacy Act (CCPA), which affects many companies in and outside of California, we help companies fulfill data disclosure,  handling, and protection requirements, create critical data breach mitigation strategies and pre-incident response plans, and comply with applicable state and federal laws governing data breach incidents.

Data Breach Strategy and Response

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.

CCPA Compliance and Litigation

Farella’s CCPA litigation team helps our clients comply with the requirements of the Act and other data privacy legislation, and are prepared to deal with any litigation arising under such laws. In the event of a suspected or actual data security breach, we provide companies with strategic advice not just to comply with applicable legal requirements, but to help protect their finances and business reputations in the short and long term. Our comprehensive approach includes securing available insurance coverage(s), coordinating forensic investigations, evaluating and effectuating all required (or otherwise prudent) notices, and addressing any related potential liability issues and litigation.

Our Multi-Practice Team Provides:

  • Privacy attorneys that review and draft privacy and information security policies, and assist with communication and implementation strategies, including training regarding maintaining reasonable security procedures and practices.
  • 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). We handle insurance claims arising out of alleged data breaches, security incidents and privacy violations.
  • 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 and litigation 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. Our attorneys also have significant experience handling the types of copyright and trade secret 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.
  • Class action litigators who have tried cases across the nation and will vigorously defend clients when data breaches, and/or other alleged violations under privacy laws, result in private litigation. We are well positioned to take on major class actions and multidistrict litigation, which often follow high profile data breaches or other unauthorized disclosures of personal information.

Other Privacy and Cybersecurity Services

Firm Highlights

Publication

Reopening Wine Businesses: Employee and Consumer Data Privacy

Farella's Wine Industry Education Series features Nate Garhart and Jaya Bajaj discussing "Reopening Wine Businesses: Employee and Consumer Data Privacy." The shelter-in-place orders prevented in-person tastings from happening, throwing a curve ball to the wine...

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Publication

Overview of the New Privacy Litigation Frontier, Including California Consumer Privacy Act (CCPA) Litigation

Farella's Cannabis Industry Education Series features Sushila Chanana discussing "Overview of the New Privacy Litigation Frontier, Including California Consumer Privacy Act (CCPA) Litigation." Cannabis businesses that are collecting consumer data need to be in...

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Publication

Proposition 24: California’s Ever-Evolving Privacy Landscape

Next Tuesday is election day, and this year, California voters are deciding whether to support another statewide privacy initiative – the California Privacy Rights Act (CPRA) (Proposition 24).  This measure would expand on the...

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Publication

Senate Democrats Release Competing COVID-19 Privacy Bill

Democratic Senators Richard Blumenthal and Mark Warner have introduced the  Public Health Emergency Privacy Act  in response to  the bill of the same subject released by Senate Republicans  (the  COVID-19 Consumer Data Protection Act...

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News

Cyber Insurance Demand Heats Up As COVID-19 Hacks Rise

Tyler Gerking spoke to Law360 for the article "Cyber Insurance Demand Heats Up As COVID-19 Hacks Rise." As far as insurance coverage being available for fines and penalties that arise out of privacy and data security laws such as...

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Publication

Zoom Successfully Addresses New York’s Privacy and Security Concerns

A few weeks ago on this blog, we addressed some of the legal issues that have arisen for Zoom , as it becomes a significant part of American daily life during the COVID-19 pandemic. ...

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Publication

Reopening Plans and Recommended Protocols Beg New Privacy Issues

While far from getting us back to any kind of normal that predated the COVID-19 pandemic, states have begun to relax lockdown requirements and some previously closed “nonessential” businesses are returning to operations. With...

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Publication

A Roadmap to Litigating Privacy Claims? A Look at a Recent Order From the Google Assistant Privacy Litigation

As privacy-related litigation continues to heat up, Judge Beth Freeman (ND Cal.) recently laid out in In re Google Assistant Privacy Litigation (Case No. 19-cv-04286) [1] a potential roadmap for surviving or winning a...

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Publication

Twists in the Plot: California AG Releases Final CCPA Regulations

With a little time to consider the  finalized California Consumer Privacy Act regulations  released by the California Attorney General on August 14, 2020, it is clear that some last-minute negotiations (or perhaps just some...

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Publication

Reopening Businesses Must Consider Employee and Consumer Privacy

While we’re far from returning to the “normal” that predated the COVID-19 pandemic, states have begun to relax lockdown requirements and some previously “nonessential” businesses are returning to operations. Along with these openings, governmental...

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