As commerce continues to become more digitally driven, data privacy and cybersecurity have emerged as critical concerns for companies across virtually every aspect of their operations. The risk of data breaches and their adverse impact on businesses—including unwelcome publicity and brand damage—pose some of the greatest risks to modern companies. When clients find themselves managing data privacy and security issues, either as the central issue of a crisis such as a data breach or as a component of a broader issue, the focus needs to be on rapid, efficient, and practical response and resolution.
Morgan Lewis’s crisis-tested and trial-ready data breach response and litigation lawyers have guided clients through the complex process of compliance and damage control in more than 800 data breach incidents—conducting investigations and implementing immediate preventive measures, determining whether notification to affected individuals or government authorities is required (and providing such notification), dealing with law enforcement, containing exposure, and putting remedial and cost-recovery measures in place, including insurance recovery.
We provide clients with the strategic insight and government agency relationships they need to prepare for and efficiently respond to regulatory scrutiny in this area. Our team includes lawyers who formerly held positions at the Federal Trade Commission, the US Department of Justice, state enforcement agencies, and attorney general offices across the United States.
We also consider the possibility of litigation from the first moment—helping companies operate in a way that keeps the attorney-client privilege intact and considers the possible litigation consequences of every step. If litigation arises, we are ready to defend clients in every phase of the process.