Cybersecurity & Data Privacy

Prepared for what’s ahead and trained for the courtroom.

What happens when a cyber threat becomes a full-blown crisis?

We help businesses prepare for, respond to, and resolve cybersecurity and data privacy challenges, from day-to-day compliance questions to enterprise-threatening incidents. Our lawyers advise on incident response plans, employee training, tabletop exercises, regulatory obligations, and privacy terms in contracts, as well as disputes arising from alleged privacy violations or data breaches. When an incident occurs, we help clients investigate what happened, determine notification and reporting duties, coordinate the response and address regulatory inquiries, litigation, or arbitration. With clients spanning a broad range of industries and public institutions, our practice supports businesses with operations and obligations throughout the United States and internationally.

Prepared for the breach. Positioned for the response.

Cyber incidents can interrupt operations, expose sensitive information and threaten customer relationships, reputation and financial performance. We work with clients before a crisis to test their readiness and during an incident to provide a coordinated legal response. Our goal is to help the organization make sound decisions quickly while preserving privilege and meeting its legal, regulatory and contractual obligations.

  • Preparedness: Incident response plans, privacy and security policies, employee and leadership training, tabletop exercises and assessments conducted with third-party cybersecurity professionals.
  • Incident response: Coordination of forensic investigations, breach analysis, consumer and regulatory notices, agency inquiries, remediation, cyber liability insurance issues and follow-on risk reduction.

Privacy laws don’t stand still. Neither do we.

New state privacy laws, cybersecurity requirements and AI regulations continue to reshape the obligations placed on businesses well beyond the locations where those laws originate. We stay one step ahead as these new regulations continue to come on board, helping clients determine which requirements apply, assess exemptions or carve-outs and build practical compliance programs when action is required. We also review and negotiate privacy, cybersecurity, data-use and indemnification terms in commercial agreements so legal requirements align with the client’s risk profile and operations.

Ready to handle every type of data and every layer of regulation

Privacy obligations cut across jurisdictions, industries, technologies and communications. We help clients address the full regulatory landscape from state to federal to international, including:

  • Comprehensive privacy regulations: State consumer privacy laws, including the California’s CCPA and similar laws in Virginia, Colorado and other states, as well as the EU General Data Protection Regulation (GDPR).
  • Industry and data-specific requirements: HIPAA, HITECH, GLBA, FCRA, FACTA, COPPA and related state or federal obligations.
  • Digital communications, AI, and information security: The ECPA, CFAA, TCPA, CAN-SPAM Act and emerging state cybersecurity and AI requirements.

Compliance strategy backed by litigation strength

Our team is not limited to counseling or litigation; we handle both. We advise on compliance, lead incident investigations, respond to regulators and defend privacy and data breach claims in court, arbitration and administrative proceedings. Our team of litigators and former litigators has unique experience serving as lead counsel in data breach class actions, providing us a practical understanding of how early response decisions can shape later exposure and helping clients approach each stage with the full dispute in view.

More Relevant Experience

  • Successfully represented a social media company in a dispute over the production of users’ account information.
  • Defended a healthcare clinic against a consumer class action arising from a supposed data security breach whereby an unauthorized party may have accessed the defendant’s information technology systems. All claims were dismissed.
  • Served as breach coach for an energy company in response to a third-party vendor data breach, including advising on consumer and regulatory notifications.
  • Managed a breach response team for a public school district in response to a ransomware attack; work included providing consumer and regulatory notifications and responding to multiple inquiries from States Attorney Generals.
  • Advised a financial institution regarding a data security incident and response strategy concerning notice to state and federal agencies. Negotiate contractual language for cybersecurity and data security obligations and indemnifications.
  • Advised multiple clients on developing and implementing GDPR and CCPA compliance programs. Counseled a technology company regarding cross-border data transfers.
  • Coached a healthcare clinic on ransomware attacks, including advising on cyber forensic investigation, consumer and regulatory notifications, State Attorney General inquiries, and cyber liability insurance claims.
  • Assisted a healthcare client with a breach involving patient records and HIPAA compliance. Ultimately received a letter from the Department of Health and Human Services announcing that they were stopping the investigation against the client without any fines or penalties.
  • Performed privacy and security due diligence for the acquisition of a technology company. Advised client on COPPA compliance issues and potential mitigation, resulting in successfully closing the transaction.