Practice Areas & Industries: Wilson Elser Moskowitz Edelman & Dicker LLP


Data Security & Cyber LiabilityReturn to Practice Areas & Industries

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Practice/Industry Group Overview

Technology facilitates the interconnected global economy, but with its many positive advancements comes an entirely new form of risk for consumers and companies alike. Cyber-based crime opportunities have resulted in the evolution of vicious cyber attacks that disrupt businesses, corrupt data, co-opt personal information and otherwise wreak havoc on organizations and national economies. The explosive growth of e-commerce and companies' increased dependence on digitized data have catapulted cyber security to the forefront of business plans, legislative acts and federal and state regulations.

For well over a decade, Wilson Elser's core team of talented partners, assisted by associates and paralegals, has handled breach response and other sensitive situations arising from the misuse of computers and related technology.

Cyber Breach

Decisions made immediately following a data breach can significantly impact outcomes. For well over a decade, Wilson Elser's core team of talented partners, assisted by associates and paralegals, has handled breach response and other sensitive situations arising from the misuse of computers and related technology. We understand that data intrusions – real and perceived – require decisive and appropriate action. Following reports of a breach, our practice group members begin a "triage" process designed to immediately minimize exposure. Every breach has a distinctive set of characteristics and surrounding circumstances and our experience, allows us to respond swiftly and categorically.

We regularly conduct forensic analyses, deploying experts specially chosen to enhance protection of privileged and confidential communications, determine the cause of the breach and identify what data was at risk. Results guide the implementation of measures designed to comply with legal obligations and prevent additional data intrusion.

Depending on the situation, we can pursue other protective steps, such as:

  • Communicating with operational, legal and executive leaders regarding the breach.
  • Advising when and how to involve law enforcement and, where appropriate, engaging law enforcement in a responsible way.
  • Crafting notification letters based on the varying requirements of states and countries.
  • Providing options and recommendations on the structure and kinds of assistance provided to individuals whose sensitive information may have been exposed.
  • Deploying proven public relations strategies in communicating with stakeholders and the press. 

Cyber Defense and Litigation

With arguably more "senior litigating partner years" than any other law firm in the United States, our litigators handle the most challenging and technical cyber cases. We sort through the complex technical and legal issues that characterize this practice, often serving as defense or coverage counsel on matters such as:

  • Data breach
  • Violations of privacy rights
  • Technology errors and omissions
  • Web-based media issues
  • Unfair trade practices/consumer protection violations.

We seek cost-effective solutions for our clients though early assessment and negotiations, alternative dispute resolution methods or summary judgment motions. When early resolutions are not possible, we have the know-how and experience to resolve cases in court. In fact, we count among our ranks some of the best trial attorneys in the country.

Group Presentations
Legal Considerations for E-commerce and Website Promotion, June 25, 2013
Cyber Risks and Insurance: Understanding the Exposure, Knowing the coverage, and Limiting the Risk, June 17, 2013
How a Breach Notification Should Work, June 6, 2013
Pleading the Case for Social Media; Thinking Through Your Company's Approach to Tweets, Posts and Shares in 2013, April 23, 2013
Social Media: Emerging Legal and Ethical Implications Perspectives from the Bench and Bar, April 22, 2013
See more...
Past Seminar Materials
After the Superstorm: Avoiding Data Breaches in the Aftermath of Disaster, April 9, 2013
Articles Authored by Lawyers at this office:

U.S. Department of Health and Human Services Imposes $1.2 Million Penalty For Protected Health Information Breach Involving Leased Copiers
Frank J. Fanshawe,Jason LaFlam, August 24, 2013
Covered entities should examine their procedures to evaluate and safeguard protected health information (“PHI”) that may be stored on leased photocopiers and other office equipment. Under a settlement with the U.S. Department of Health and Human Services (“HHS”), Affinity...