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.
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.