Data is an extremely valuable commodity, and where there is value, there is also risk.  From assessment, compliance, and prevention to response, notification, and litigation, our firm has hand’s on experience in this ever-expanding area of the law.

Preparation and Prevention

Your data privacy obligations and vulnerabilities are driven by a great many factors including: the nature and size of your business, your industry, your clients, your market, and the way your data is stored, processed, and transmitted. Navigating the patchwork of domestic state and federal regulations and foreign regulations potentially applicable to your business can be extremely difficult.
The firm has a holistic approach to identify the data in your possession and control as well as assess, update, and implement internal safeguard processes and procedures to minimize your cyber-related risks. Our attorneys work closely with key company stakeholders in your C-suite, HR and IT departments, and any other pertinent employees or third-party vendors, to create a customized data privacy program tailored to your business’ unique challenges.  
The goal is to minimize the risk of a cyber-attack or data breach through best practices. The firm also identifies rules and regulations applicable to your business in the event of a breach. This way, your business is aware of its data breach response notification obligations and has a plan to respond before any event takes place.
As part of this process, the firm can assist clients with General Data Privacy Regulation (“GDPR”) compliance audits and California Online Privacy Act readiness assessments. The firm has also prepared cyber-attack and data breach response plans, record and data retention policies, Bring Your Own Device (“BYOD”) policies, and Privacy policies.

Consumers and clients live with the reality of cyber-attacks and data privacy breaches in real time. Still, your business’ ability to successfully recover from a breach depends largely on your ability to respond. At its core, the firm's response services include working with your IT department – or an external forensic IT partner – to quickly identify the source, isolate, preserve, and remove any embedded malware, and preserve and/or replace lost or inaccessible data; all of which are crucial to getting your business back online as well as supporting any cyber insurance claim(s).

Depending on the level of the breach, our firm also advises clients on how to notify and protect their customers, clients, and employees about a breach and prepare notices compliant with applicable regulatory obligations. Our attorneys have experience representing clients in regulatory inquiries and assisting businesses with cyber insurance claims stemming from cyber-attacks and/or data breaches.

There are number of ways in which a cyber-attack or data breach can result in litigation. While the goal is always to avoid litigation, our attorneys have successfully represented businesses in litigation triggered by such events.