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.
News & Press Releases
- SmithAmundsen Attorney Philip List Elected to Indianapolis Public Library Foundation Board of DirectorsJanuary 5, 2018
- October 27, 2017
- Crain's Chicago Business, September 15, 2017
- Equality Illinois, August 1, 2017
- Crain's Chicago Business, September 10, 2016
- The American Lawyer, August 2016
- Equality Illinois, July 8, 2016
- Above the Law, April 18, 2016
- Above the Law, April 13, 2016
- Cybersecurity and Data Breach: Impact on Business in Illinois - Illinois Business Leader Interviews Colin GainerIllinois Chamber of Commerce's Illinois Business Leader, May 2015
- October 21, 2016
- May 16, 2016
- April 8, 2016
- June 17, 2015
- October 21, 2014
- Indiana Bankers Association, December 8, 2017
- USLAW Magazine Spring/Summer 2015, April 9, 2015
Presentations & Events
- Illinois Chamber of Commerce's Cybersecurity Conference; Glen Ellyn, IL, July 20, 2017
- Better Business Bureau; Chicago, IL, May 2, 2017
- Illinois Chamber of Commerce; Webinar, March 2, 2017
- 2016 USLAW Network Data Privacy Security Book Camp, Dallas, TX, November 2016
- Illinois Chamber of Commerce, Webinar, July 13, 2016
- Illinois Chamber of Commerce, Conference, Schaumburg, IL, July 12, 2016
- SmithAmundsen Webinar, August 4, 2015
- Emerging Cyber Perils and Designing Your Resiliency Plan: An Informative Discussion on the Cyber Risk LandscapeLockton, SmithAmundsen, Chicago, IL, May 12, 2015
- PLUS Midwest Chapter Seminar, Chicago, IL, May 6, 2015
- Building the Barricade Against The Breach: Incorporating Reasonable Security Into Your Business To Protect Against Data BreachesIllinois Chamber of Commerce, Webinar, February 12, 2015
- SmithAmundsen, Chicago, IL; Webinar, November 19, 2014
- Webinar, April 10, 2013