All businesses are susceptible to cyber-attacks and other types of data breaches. Retailers, government contractors, healthcare providers, educational institutions, and financial services firms are increasingly targeted for the theft of their trade secrets and personal consumer data. As part of our pre-breach advisory services, we counsel companies on how to strengthen their defenses, develop and implement global privacy and data protection programs, and comply with applicable laws. In the event of a breach, we have extensive experience in managing the crises that arise.
We have experience working with federal and state enforcement agencies and have defended clients in class action litigation arising from data breaches. Kaufman Dolowich and Voluck’s Data Privacy and Network Security Services team has rigorously defended and prosecuted on behalf of a wide variety of companies across a broad spectrum of technologies and industries, including but not limited to computer software and hardware, online and mobile applications, internet of things, biotech, “green-tech,” and medical devices. Our lawyers have represented clients throughout the country in federal and state courts, before regulatory agencies, and in alternative dispute resolution proceedings in cases arising out of data security events asserted by regulators, consumers, business partners, and other parties.
- Insurance companies
- Publicly traded companies
- Private and closely held corporations
- Public entities
- Directors and officers
- Key employees and investors
Risk Management (Cyber)
KDV’s Data Privacy and Network Security Services team is on the forefront of analyzing and, when required, mitigating “cyber” exposure. We serve businesses with Internet marketing issues as well as those that may need assistance and advice regarding insurance coverage, data security, privacy protection, data collection, and defense of technology companies in errors and omissions claims. Our attorneys are current on the latest changes and strategies concerning laws and guidelines governing doing business over the internet.
As the first component of any information security program, a comprehensive policy is critical. KDV attorneys work closely with clients’ IT personnel and C-Suite executives to develop such a policy and perform tabletop exercises to practice the steps necessary to respond to a breach before it happens.
Internet & E-Commerce Liability
KDV represents companies and individuals in litigation and liability assessment related to e-commerce and internet-related activity. We also perform comprehensive website audits to identify content and practices presenting potential liability exposure, and we develop methods to help mitigate such liabilities. Our E-commerce and internet clients include both established and start-up companies.
When privacy and data breaches occur, whether caused by something as simple as an employee misplacing a laptop, a malicious act by a disgruntled employee or even a sophisticated external attack by third parties, a prompt and well-thought-out response is essential.
An appropriate response quickly identifies the nature and scope of the problem, facilitates restoration of normal system operation, provides appropriate disclosure, notification and evidence retention as required by law, and minimizes the potential for subsequent adverse action by regulators or litigation. This should all be done in a cost-effective manner and in a way that protects the client’s reputation.
KDV helps clients answer the question, what do we do when a privacy or data breach is suspected or known to have occurred? We provide legal services designed to assist clients in navigating the complex patchwork of federal, state and foreign law, including disclosure and notification requirements, while working closely with a client’s management team, the client’s in-house and outside cyber-security experts, law enforcement and government regulators.
When necessary, we are well equipped to defend litigation, including multi-district national consumer class action litigation. Where appropriate, we also appreciate the need to work with crisis management consultants to accomplish accurate and timely public reporting to assure customers and investors.