Data Privacy and Cybersecurity
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Data Privacy and Cybersecurity

Our firm has the capabilities necessary to respond to the ever-changing landscape of information security and privacy law compliance, working on such issues as:

The lawyers in the Data Protection and Cybersecurity team have the necessary experience and technical and legal backgrounds to address the problems presented from data loss or privacy breaches and to give practical advice as to steps to be taken to prevent losses in the future.

Privacy

We advise various companies across a broad range of industries on data protection and privacy laws, including numerous federal statutes and state laws which are often at variance with one another. Likewise, companies engaged in international trade are faced with foreign laws which create additional burdensome requirements. A company’s privacy policies are an important defense to a charge of violation of privacy rights or misuse of information. We are current in the relevant laws and obligations and will assist you in keeping those policies up to date.

Our experience includes:

Data Breach Prevention, Response and Litigation

The protection of proprietary data and personal information is at the forefront of every organization’s planning process. Our attorneys have the capabilities necessary to protect companies before and after a data breach. Our team conducts data security and privacy risk assessments, and assists in developing and improving incident response plans to thwart potential breaches. Should a breach occur, we will immediately provide a response team having the relevant qualifications to address a response under attorney-client privilege, and the firm’s experienced litigation team is available to provide the appropriate defense or offense as needed.

Our experience includes:

Cybersecurity

Our team includes lawyers with the knowledge and understanding of the emerging threats to the security of IT systems. Our attorneys understand the government regulations aimed at improving the security of such systems in business and in government. We assist clients in a broad range of industries, including energy, telecommunications, technology, internet services and government contracting to institute security systems and procedures to comply with US and international laws and regulations, minimize the chances of a cybersecurity incident, assist with incident response after a data breach, resolve disputes and adopt strategic solutions to solve business problems posed by cyber threats.

Our experience extends to data encryption technology, an essential tool for safe e-commerce. We help client users of encryption technology comply with US and international requirements governing the import, export, sale and use of encryption, including:

Mergers and Acquisitions

We work with private companies in their purchases, sales and investments in companies and assets spanning multiple industries. Our team members assist in due diligence on both sides of the table, including assessments of each party’s ability to withstand a cyber-threat and the costs associated with the necessary steps to avoid security threats.

Critical Infrastructure Protection

The United States Government has created a process and regulations to protect the country’s critical infrastructure—specifically companies in the communications, energy, financial, medical industries and defense contractors—from destructive cyber and physical attacks. This is primarily to ensure the security of its own supply chain. Our team advises companies included in the infrastructure and those seeking government contracts on compliance with the current critical supply chain legal and regulatory requirements.

We have counseled our clients regarding these matters by:

Government Investigations & National Security

Government investigations often require sensitive businesses—particularly those in the critical infrastructure—to provide information about their customers and subscribers. The business is, thus, forced to navigate conflicting legal obligations arising out of multiple privacy and cybersecurity laws worldwide. Businesses that are victims of cyber-attacks (e.g., thefts of money or property, denials of service, espionage or other malicious acts) must determine when and how to cooperate with any government investigation of the act and how best to do so. We advise clients regarding law enforcement and intelligence access under the variety of applicable laws, for example:

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