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

News

Threat of Cyberattack by Iran Still Critical, Experts Say

Insurance Recovery Partner Tyler Gerking commented in  The Wall Street Journal article "Threat of Cyberattack by Iran Still Critical, Experts Say." In the article, Tyler said that such direct actions by a nation-state against...

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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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Publication

Signatures Submitted for Inclusion of New California Privacy Law on November Ballot

Californians for Consumer Privacy has announced that it has secured and submitted enough signatures to qualify its California Privacy Rights Act (“CPRA”) for inclusion on California’s November 2020 ballot. Alistair Mactaggart, the architect behind...

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News

In Novel Case, Insurer Sues Own Law Firm After Data Breach

Tyler Gerking was quoted in the Law360 article "In Novel Case, Insurer Sues Own Law Firm After Data Breach." In the article Tyler said, "This case shows some of the hazards that all companies face...

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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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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

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

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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News

California’s New Privacy Law Draws Attention From Nonprofits

Nate Garhart was quoted in "California's New Privacy Law Draws Attention From Nonprofits" in the Chronicle of Philanthropy . In the article, Nate advises nonprofits to get out ahead of any forthcoming privacy regulations...

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Event

CLA IP Section Technology, Internet, and Privacy Law Interest Group

With only a month and a half to go before Attorney General enforcement, Sushila Chanana, of Farella, Braun + Martel, will discuss the private right of action under the CCPA and some patterns that have...

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