Cybersecurity

Cybersecurity is one of the big issues of our times and continues to grow. It affects more and more corporations as they fall the victim of attacks from activists, competitors and even other countries' governments. These attacks are growing in frequency, complexity and ferocity. Companies, large and small, are increasingly a target of sophisticated attempts to steal their data and compromise their systems. Lawmakers around the world are struggling to keep up with this rapidly changing environment and even the requirements for publicly reporting security breaches once discovered remain in flux.

Duane Morris lawyers have more than a decade of experience dealing with these type of attacks. We have assembled a dedicated group of technology-savvy lawyers with vast industry-specific experience who utilize an interdisciplinary approach to help clients in these areas.

Duane Morris lawyers often get involved in cross-disciplinary teams to respond to an attack using the benefit of our extensive contacts to help an organization detect, contain and respond to an attack. As experienced multi-national counsel, Duane Morris lawyers can respond 24x7x365. In most jurisdictions, the attorney client privilege of our lawyers will be recognized with an appropriately structured team.

The Duane Morris Cybersecurity Response Team includes lawyers in Asia, Europe and the U.S. with extensive knowledge of the technology, regulatory compliance, media relations, public perception and potential liability issues that come with these attacks. From preventative planning, through discovering a breach and dealing with its aftermath, we help our clients protect themselves, their data, their customers and employees and, most of all, their future.

Representative Matters

  • Counseled numerous large companies on electronically stored information (ESI) and e-discovery.
  • Advising a sports franchise concerning their privacy and security issues, as well as electronic health records for the players and the sports league.
  • Counseled a healthcare-related nonprofit in its handling of a security breach when a disgruntled employee removed a flash storage drive containing thousands of patients' personal and medical information.
  • Represented a long-term care pharmacy in providing privacy and compliance support for a mobile health application providing long-term care pharmacy support.
  • Represented a healthcare technology company in providing privacy and security compliance support for an application targeted for prescriptions and mobile health wellness support for diabetes.
  • Represented a healthcare technology company in providing FDA, privacy and security compliance support for a mobile health application targeted at cardiac conditions.
  • Provided corporate and regulatory support concerning assumption of risk and consent documents and privacy issues for a company providing clinical decision support software using evidence-based risk assessment tools to assist case managers to make data-driven decisions at discharge.
  • Designing Medicare Downstream and HIPAA Privacy & Security compliance programs for a private equity backed media group that provides medical content and direct mail services for payor education programs, provides e-prescribing and discharge medical content (e.g. dosage information) for providers, and provides medical content through mobile applications.
  • Routinely assist multinational medical device company in privacy and security issues.
  • Designed privacy and security program for international data analytics company.
  • Assisted major U.S. internet security company with cybercrime investigation and enforcement under the Digital Millennium Copyright Act against entities engaged in illegal online file sharing.
  • Obtained judgment dismissing consolidated federal class actions alleging claims under Electronic Communications Privacy Act, Stored Communications Act, Computer Fraud and Abuse Act, as well as state common-law and statutory claims. Plaintiffs alleged that Zynga shared personally identifiable information with advertisers through the transmission of referrer headers that linked to Facebook user pages – allegations that were based on an October 18, 2010, front-page Wall Street Journal article. Zynga argued that any leakage did not involve the "contents" of any communications under the federal privacy statutes, that any transmissions resulted from standard web-browser operations and that plaintiffs had not alleged any actual harm. In May 2014, the Ninth Circuit affirmed the dismissal of all claims against Zynga and the dismissal of most claims against Facebook in the parallel Facebook Privacy case. In re: Zynga Privacy Litigation, No. 11-18044, ___ F.3d ___, 2014 U.S. App. LEXIS 8662, 2014 WL 1814029 (9th Cir. May 8, 2014).

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Peer Reviews

  • 4.9/5.0 (484)
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    4.9/5.0
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    4.9/5.0
  • Judgment

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Client Reviews

  • 4.5/5.0 (57)
  • 89% (51)
  • Communication

    4.6/5.0
  • Responsiveness

    4.5/5.0
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  • Value for Money

    4.5/5.0

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Diversity

"In my discussions with Duane Morris leaders, they frequently speak about how diversity within their firm has enabled them to better serve their diverse clients. They understand that investing in diversity is a wise business decision that positions them for the marketplace of the future."

Don Liu
Senior VP, General Counsel & Corporate Secretary
Xerox Corporation

At Duane Morris, achieving diversity is paradoxical. By supporting and celebrating the differences of our attorneys - and the individual strengths that they bring - our firm culture expands, fostering creative solutions for our clients. But diversity at Duane Morris does not mean that we have a certain number of diverse attorneys; true diversity means that it is no longer noteworthy to see diverse lawyers leading our practice groups or managing client relationships. Ascending to positions of leadership and greater responsibility and providing the highest levels of client service is simply what is expected of all our lawyers. Diversity is another strong asset that adds to our collective abilities to meet the needs of our clients.

Our vision of diversity at Duane Morris is to realize an environment in which our lawyers' outstanding qualities are not just measured by ethnicity, race, gender and sexual orientation, but more importantly, that our lawyers are remarkable as excellent attorneys above all else. Only then can we celebrate our differences while focusing on the common pursuit of legal excellence which everyone shares at Duane Morris.

To reach this goal, Duane Morris understands that the familiar diversity strategies and policies that most law firms have are needed. Without demanding results from such policies, most law firms are bound to fail in even achieving numerical hiring and retention goals. Duane Morris has been proactive and ambitious in its efforts to improve diversity at the firm, and has set deadlines for reaching the milestones which mark our progress. To create a more diverse law firm, Duane Morris is:

  • Committed to strategically increasing our diversity levels, which is currently at 10 percent.
  • Bringing together our Diversity Committee and our Hiring and Retention Committee to raise diversity as an important factor in our hiring decisions.
  • Dedicated to improving retention by building upon our monitoring and mentoring program for all diverse associates.

Combining new initiatives with our longstanding diversity efforts, Duane Morris has seen increasingly positive results. In the Minority Law Journal's annual diversity survey of the nation's largest 260 firms, Duane Morris continued to improve its regional and national ranking, rising to number 136 of all firms surveyed. Our strides in Philadelphia are encouraging; in a city known for both the racial diversity of its population and the lack thereof in its law firms, Duane Morris is one of only two law firms to exceed the national average of minority partners at all law firms. Additionally, Duane Morris leads all national law firms based in Philadelphia in the number of Latino partners. Nearly 30 percent of all of our attorneys are women, and more than 20 percent of our partners are women.

In our approach to diversity, progress in racial, gender and cultural diversity cannot be measured in numbers alone. Duane Morris has focused our diversity initiatives on both increasing the number of diverse associates and addressing the challenges diverse attorneys face in building lasting careers and rising to senior and leadership positions. While several of our key practice groups are led by diverse partners and female partners, Duane Morris endeavors to create a culture which will foster a deep pool of such attorneys who can then develop into the firm's future leaders. Duane Morris understands that simply hiring diverse associates will not change the diversity of the firm; Duane Morris is working to mentor and retain diverse associates so that our progress in racial, gender and cultural diversity is also reflected at the highest levels of leadership within the firm.

Our progress on gender diversity has been profound. We have no glass ceilings: women hold positions of leadership at all levels of management at the firm. Women lead a number of our key practice groups, including our Energy, Immigration and International practices, and serve on the firm's Executive Committee. The success of our female attorneys at Duane Morris has not gone unnoticed. Barbara Adams was chair of the firm's Finance Practice until her appointment by Pennsylvania Governor Edward Rendell to serve as General Counsel of the Commonwealth. In 2004, our longtime General Counsel, Gene E.K. Pratter, was approved by the United States Senate and is now a judge for the U.S. District Court for the Eastern District of Pennsylvania.

Our efforts to improve diversity extend beyond our firm's walls. The chair of our Diversity Committee, Nolan N. Atkinson, Jr., recognized the lack of diversity in Philadelphia's legal community and formed the Philadelphia Diversity Law Group. Nolan now serves as the chair of the organization, a consortium of 25 law firms and corporations that commits to employing at least one diverse first-year law student each as a summer associate. From this program, law students of diverse backgrounds gain access to what was once an exclusive legal community, and now have the opportunity to learn and develop their legal careers with experience at Philadelphia's top law firms.

In addition to our involvement in the Philadelphia area, Duane Morris has increased our presence at national conferences and events focused on diversity. We sponsor the Hispanic National Bar Association and its job fair. Duane Morris is also a longtime supporter and sponsor of the Equality Forum, a national gay and lesbian rights organization. Duane Morris continues to sponsor the Minority Corporate Counsel Association, and is active in other associations of diverse attorneys including: the Asian American Bar Association of the Delaware Valley; the Charles Houston Bar Association; Cuban Bar Association; Korean American Lawyers Association; National American Indian Housing Counsel and the National Bar Association.

The challenge of improving gender, ethnic and cultural diversity at Duane Morris is an ongoing effort that has the support of the entire firm. Duane Morris has been at the vanguard in supporting gender diversity throughout the firm beginning a generation ago. Our diversity programs are leading to similar success in improving racial and national origin diversity at Duane Morris. But even as we share these examples of Duane Morris attorneys and our involvement in numerous legal events, associations and programs for diversity, our hope is that such examples will no longer be necessary to mention in the future. We hope that through our efforts, and the efforts of other law firms, these stories become so common that they are no longer the remarkable accomplishments they are today, but simply routine aspects of the legal world tomorrow.