Data Security & Breach Litigation


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The increasing trend to protect personal, health, financial and identity information has exponentially broadened the potential legal exposure for most businesses and organizations and has increased the need to develop processes and safeguards to improve data security and mitigate exposure for damages.

We prepare data breach policies so clients are equipped to respond appropriately in the event that there has been unauthorized access to sensitive data, whether electronic or hard copy. The attorneys audit existing procedures and practices consistent with industry standards and legal requirements to reduce the risk of a data breach.

If or when a suspected incident has taken place, the data breach team is ready to assist. We coordinate the incident response, which will include advice regarding forensics, security, public relations and insurance.

When a breach is suspected our attorneys:

  • Assess whether the information at issue is covered by the governing statute;
  • Evaluate whether written notice to individuals affected by the breach is required, and if so the form and content of notice;
  • Communicate with law enforcement and governmental agencies;
  • Establish attorney-client privilege;
  • Develop defense strategies in the event of litigation, including preservation and collection of relevant data.

Litigation following a data breach usually takes the form of class action litigation to increase the size of damages through aggregation of thousands or millions of claims. Knowing how to successfully defend against class action litigation can save a business or insurer hundreds of thousands of dollars. Our team has the extensive capabilities necessary to litigate these data breach cases effectively. Our class action group has defended dozens of data privacy class actions on behalf of companies in a broad spectrum of industries, through class certification, jury trial and appeal.

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