Breach Response and Litigation

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Crowell & Moring represents clients that have experienced security breaches involving personal information, trade secrets, and other proprietary information. We are on the ground from the initial internal investigation stage through the notification, government enforcement, and class action stages. Despite the prevalence of data incidents today, particularly cyber intrusions, a data infiltration is not necessarily a catastrophe for a business. Rather, proper crisis management, timely remedial action, accurate assessments of harm, and, if necessary, individual and governmental notifications can salvage, or at least mitigate, a breach crisis. We handle all aspects of breach response including:

  • Assisting with the legal/business decision whether to notify given the facts, and if so, the extent of notification required; we have developed detailed outlines and spreadsheets of the various requirements of and nuances between the many state security breach laws to make this a quick and effective process.
  • Drafting notifications to individuals and regulators.
  • Preparing statements for external sources, e.g., media and law enforcement.
  • Assisting with communications to other required agencies, such as consumer reporting agencies.
  • Preparing statements, e-mail notices, and personalized correspondence with employees affected by security incidents.
  • Advising clients on both legal requirements and best practices with respect to post-incident assistance to those affected (e.g., credit monitoring, insurance, etc.).
  • Defending against state and federal regulatory investigations.
  • Defending against state attorneys general lawsuits.
  • Defending individual and class action lawsuits arising from data and privacy breaches.
  • Responding to individual complaints regarding privacy and data security.
  • Conducting postmortem analysis of breach to enhance cybersecurity and corporate compliance programs to safeguard data against future security breaches.

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"Section 230: An Overview of the Legal and Policy Framework," Crowell & Moring Webinar, 2023. (January 26, 2023). Speakers: Mohamed Awan, Monty Cooper, and Neda M. Shaheen.
Speech/Presentation
FCC's Proposed Updated Breach Notification Requirements Could Spur 'Logistical Nightmare' Legaltech News (January 23, 2023)
Press Coverage
"Cyber and Physical Attacks on the Electric Grid Should Prompt New Year’s Resolutions for the Energy Industry," Environment & Natural Resources Law Alert (January 13, 2023). Contacts: Tyler A. O'Connor, Evan D. Wolff, Matthew B. Welling, Maida Oringher Lerner, Deborah A. Carpentier, Michael G. Gruden, CIPP/G
Client Alert/Newsletter
As Companies' Fears of Data-Breach-Litigation Soar, Legal Terrain Rife With Uncertainty Corporate Counsel (January 12, 2023)
Press Coverage
Crowell & Moring Promotes Largest Partner Class In Its History Law360 (January 11, 2023)
Press Coverage
Uber Scrutiny Of Cybersecurity (January 10, 2023). Author: Jennie Wang VonCannon, CIPP/US.
Publications
Healthcare Vendors Are The New Front Of The Cybersecurity War Modern Healthcare (subscription required) (January 3, 2023)
Press Coverage
Legal Tech's Milestones For Cybersecurity And Privacy In 2022 Legaltech News (December 30, 2022)
Press Coverage
California: Court Announces Motion For Preliminary Approval Of $725M Settlement With Facebook For Class Action OneTrust DataGuidance (December 23, 2022)
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Practice Area Insights — Understanding and Planning for Cybersecurity Incident Response Business Law Today (December 17, 2022)
Press Coverage

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Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

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