Our Cyber Risk and Technology Group offers the full range of legal services to address and solve our clients’ technology-related problems and challenges. We delve deeply into the myriad ways that our clients’ operations depend on their information systems and data, and help our clients protect those critical assets and maximize their value, whether navigating through the treacherous waters of data hacking and theft, litigating system-implementation disputes, or assisting insurers with cyber-coverage issues and concerns. Our teammates pride themselves as thought leaders in their respective spheres, speaking and writing frequently on hot topics of the day, and sharing knowledge gained through decades of experience tackling complex technological issues in this dynamic and constantly evolving arena. For a sample, see our Cyber Law Blog.
CYBER RISK COUNSELING
We counsel clients on developing and implementing best practices before, during, and after data breaches and incidents. Since strong preventive measures are central to reducing exposure and damages, we work with our clients to: (1) develop or improve policies, incident-response plans, and data-governance plans; (2) develop or improve employee training procedures and techniques; (3) develop or improve table-top exercises; and (4) comply with governing law and stay current with the latest cyber-law developments. The underlying objective of all of these measures is to help clients establish a cyber-security corporate culture.
We also assist insureds and other clients as a “breach coach” to coordinate and quarterback responses to data breaches or incidents. In that role, we help guide and manage the many responsive initiatives, including analyzing the nature and scope of the breach or incident, assessing the legal implications and developing and implementing strategies based on those implications, implementing incident-response plans, and communicating internally and externally with the many pertinent constituencies, all while utilizing and maximizing the confidentiality protections of the attorney-client communication privilege where feasible.
SYSTEM-IMPLEMENTATION COUNSELING
We represent clients in defending and bringing claims involving information-system implementation projects, and have represented vendors and customers in state and federal courts across the country. With over thirty years of experience litigating these types of cases, we bring a strategic approach and extensive track record reaching successful resolutions in a cost-effective and expeditious manner. We know how and where to develop the evidence that maximizes our strengths and enhances our leverage to settle at strategically wise junctures, or, if resolution is not feasible under the circumstances, to prevail through judgment or verdict.
CYBER-INSURANCE COUNSELING
Our team represents insurance companies in complex claim disputes and declaratory judgement actions involving the interpretation of stand-alone cyber policies and endorsements affording data breach coverage.
We provide counsel and legal advice to insurers concerning their first-party and third-party coverage obligations for data breach and privacy-related incidents, involving insureds that range in scale from small businesses to national retail chains. We draft insurance policy forms of varying types, including cyber/tech policies and serve as expert consultants on cyber insurance matters involving the historical existence and scope of cyber insurance products.
Our attorneys have authored articles discussing the scope of coverage provided by cyber policies and are frequent speakers on cyber coverage and data breach response topics.