Data Privacy & Cybersecurity

From preventative counseling on data privacy and security to handling investigations and possible litigation if a corporate data breach occurs, you can rely on our team of attorneys to help manage your planning and response.

UB Greensfelder counsels its clients concerning data security risk management and planning for data breaches. We also conduct post-breach investigations, respond to government inquiries, and defend complex litigation often driven by negative media coverage and public outrage.

Who We Are

Our team includes members with experience in all types of industries, including health care, financial services, information technology, retail, and many others. This cross-disciplinary group of attorneys draws on the experience of our Litigation, Business Law, Health Care, and Employee Benefits Practice Groups to advise a full range of businesses and organizations. We are involved with data privacy and security-focused organizations, including the International Association of Privacy Professionals, as well as state and national health care associations.

How We Help

Our lawyers can help determine what regulations and requirements apply to your business and technology and take steps to mitigate risks. We often assist clients with the following matters:

• Corporate Risk. Data privacy and security are corporate risks and require the attention of directors and the most senior executives within a company. We advise on the fiduciary obligations and potential liabilities of officers and directors in managing risks from breaches of data security and privacy.
• Advisory Services & Regulatory Compliance. Our attorneys help clients navigate the morass of state, federal, and foreign legal requirements and implement programs to reduce exposure to data security liability. Preventive measures may include reviewing company policies for compliance with applicable regulatory requirements and crafting appropriate privacy policies and third-party contracts, as well as managing risks arising from employees’ use of extra-network devices and third-party vendors’ access to sensitive information. We help clients create an infrastructure to monitor data security risks, train employees, and structure appropriate action plans to address data breaches before they become public relations, regulatory, and litigation problems.
• Incident Response. Once a company realizes that a data security breach has occurred, it must execute its action plan and quickly meet applicable legal obligations. Our attorneys guide clients through the process of responding to cyber incidents and executing appropriate legal and practical notification of individuals, law enforcement, regulators, and government bodies about security incidents.
• Internal Investigations. Following a data breach, companies must consider the possibility that employee misfeasance or malfeasance facilitated or caused the incident. Our attorneys include skilled investigators who work with forensic computer experts to ascertain the cause of a data breach. Working with forensic experts, we can confidentially and independently assess security breaches, help contain them, and recommend additional protocols to prevent future breaches.
• Government Investigations. The U.S. and foreign regulators from the SEC and the Federal Trade Commission to the European Union, as well as state attorneys general have all heightened their interest in cybersecurity and privacy. Our attorneys counsel clients in regulatory investigations and defend regulatory enforcement actions that often follow a cyber incident. We work with clients to secure electronic and other tangible records, understand the nature and causes of the data breach, and prepare a cogent and comprehensive response to governmental and regulatory inquiries. Our attorneys work tirelessly during investigations to eliminate the risk of formal government action being taken against our clients.
• Litigation. The theft or loss of sensitive personal information or trade secrets can involve litigation to protect corporate assets and defend regulatory, customer, and shareholder claims stemming from a breach. We are experienced in helping clients navigate the seemingly inevitable litigation associated with an inadvertent loss or unauthorized acquisition of sensitive information.