Barrett
McNagny’s Cybersecurity & Privacy attorneys work with companies before,
during and after a data breach. Our proactive approach begins by engaging with
the client to discuss effective solutions to manage and protect a business’
information in order to reduce the probability of a breach. Working across
company departments from human resources to marketing and information
technology, our attorneys review policies, data storage plans, and equipment
usage and disposal policies to protect the company and its valuable
information. We can create response plans and procedures so that in the event
of a breach your company can comply with data breach notifications laws. We
will also review relevant insurance policies to ensure a company is properly
protected in the event of a cybersecurity breach.
If a breach
does occur, our seasoned attorneys work with your company personnel to execute
the response plan and handle correspondence to all parties involved. As a
result of a breach, if a lawsuit is filed, our attorneys assist in the
litigation process, help manage any contractual liabilities, and preserve
evidence for the defense of the lawsuit. We are experienced in defending first
and third party claims for insurance carriers and clients for data breaches,
viruses, malware, breach of privacy and other cyber related claims.
A breach does
not always happen from an outside hack. Sometimes, breaches occur internally
due to the negligence (or intentional act) of an employee, or through the
action of an IT vendor. If this happens, a company may have vicarious liability
for their employee’s and/or vendor’s actions. Our attorneys are ready to assist
by handling internal investigations, counseling and assisting with crisis
management efforts, and preparing for and spearheading legal action on behalf
of a company.
Aside from breaches,
it is important that a company have a Disaster Recovery Plan and Business
Continuity Plan in place. Our team can create customized plans to fit business
and industry needs. In the technological world in which we live it is
practically inevitable that a data breach will happen. Taking action today to
plan and protect your company’s most valuable assets – its data and information
– will help ensure your business can sustain an attack and recover as quickly
as possible.