Data Breach Response

Overview

OUR Practice
Data security is of paramount importance in the modern age. Customers, industry standards, laws, regulations and good business practice demand that today’s companies guard data like never before. And even with state-of-the-art protections and protocols in place, human error and evolving technology leave secure systems vulnerable to attack.

What happens when a data breach occurs? What should be done to assess the breach, mitigate potential damages and comply with laws?

Questions like these strike fear into the hearts of businesses and nonprofits today — and for good reason. An organization that has suffered a data breach could be facing a number of serious consequences — from data leakage or deletion, reporting obligations, regulatory fines or penalties, and lawsuits to reputational harm and loss of critical business-sensitive data.
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Representative Matters

Our data breach response attorneys have handled a wide range of transactions, including:

  • Represented national alumni association of Division I university to assess and respond to data breach incident, including investigation of breach and notification to state regulators and affected individuals.
  • Represented multistate oncology group to assess and respond to multiple data breach incidents and prepare HIPAA-mandated breach notifications.
  • Represented religious institution in monitoring of breach response and undertaking of negotiation/resolution of fines and penalties imposed by United States Office of Civil Rights in connection with privacy breach.
  • Represented regional health care system in reporting and monitoring of data incident response.
  • Represented health plan in responding to large-scale vendor breaches, and advised the health plan on the vendors’ regulatory and contractual obligations to report the breach.
  • Assisted financial services organization with evaluation of cyber risk and appropriate policy coverages.
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