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Cybersecurity and Privacy
Real-world data privacy and cybersecurity counseling

Information is a vitally important asset in today’s digital age. Companies are collecting and processing unprecedented amounts of data, much of which is sensitive employee and customer information. Often, companies rely upon the assistance of third parties to secure this data. The consequences of a loss or inadvertent disclosure of data can be catastrophic to a company’s credibility and, in some cases, its existence. Yet nearly every day, we are faced with worldwide reports of data breaches at corporations and other organizations by those seeking customer credit card numbers, user passwords, internal documents and emails.  

Saul Ewing’s team of cybersecurity professionals works collaboratively to ensure that our clients are supported at all stages and from all angles – from response planning for cyber-attacks, to crisis management during an occurrence, to proceeding after a cyber-attack or breach occurs. Our interdisciplinary approach means that attorneys in different legal fields – corporate, insurance, intellectual property, labor and employment, white collar, and litigation – provide clients with well-rounded, innovative solutions.

On the preparedness side, our team is experienced at reviewing response plans, reviewing insurance policies to assess whether cyber-risks are appropriately covered and working with security specialists to review and identify technology weaknesses on behalf of clients.  If the client does not yet have a plan in place, our attorneys will outline procedures and develop a plan to help prepare the client for an external attack and reduce the risk of future intrusions. In the event of an attack or breach, our attorneys and network of external professionals work together to minimize exposure and protect client confidences.  We counsel clients on liabilities potentially associated with the attack or breach and represent clients in related litigation when needed. 

Experience

Our team helps clients during each stage of a data or privacy breach:

  • Pre-Occurrence
    Regulatory matters and internal compliance programs
    Strategic counseling and board governance
    Big data governance and privacy in technology development
    Security breach preparation and response planning
    Insurance coverage evaluation to ensure that appropriate cyber-risks are appropriately covered
    Referral of a forensic data specialist to review and identify technology weaknesses
    Referral of a PR firm to prepare or evaluate the crisis management plan
    Drafting and review of employee and vendor agreements
  • Occurrence
    Immediate (24/7) consultation through legal team (to preserve attorney-client privilege) with forensic data technology specialist to minimize the effects of an attack or breach
    Consultation with insurance attorney regarding coverage and assistance with making an insurance claim
    Advice and assistance with reporting to authorities, if required
    Advice and assistance with reporting to customers/clients/patient, as required/appropriate
    Consultation with PR firm to manage messaging to clients and media
  • Post-Occurrence
    Post-loss economic recovery (Attacker, Employee/contractor, Insurer, Counter-Party)
    Defense of government investigation/proceedings
    Data privacy and cybersecurity litigation
    Loss/damage mitigation
    Forensic data analysis
    Ongoing PR assistance
 

Recognition

The group includes attorneys who have been named to the following lists:

Trade Groups & Associations

Contacts

Alexander R. Bilus
Evan J. Foster