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Cyber News: Cyber Law News and Bytes

The Coverage Inkwell

Cyber Law and Data Protection

Disclosure that yet another corporation has suffered a data breach appears in news feeds with startling frequency. Occurrences of cyber attacks and data breaches have increased dramatically over the last decade, prompting estimates of $400 billion in losses annually, with corporations suffering millions of dollars in quantifiable damage each year. Cybersecurity is a concern of businesses of all sizes and in every industry. Every company that receives, sends or stores information electronically should be prepared to be the victim of a cyber attack or data breach. White and Williams lawyers have the knowledge and experience to counsel your company through a wide range of potential data security issues, from minimizing exposure to data breaches, assessing insurance coverage matters and, if necessary, how to respond to a breach. 

Our Cyber Law and Data Protection Group brings together a multidisciplinary team of highly qualified lawyers with experience in compliance, corporate governance, insurance coverage, intellectual property and litigation. Our team also has the technical experience to address complex data protection matters.

Counseling

White and Williams lawyers assist clients before and after a data breach occurs. We understand that strengthening resistance against the threat of a data security breach requires a multi-faceted approach. We can review a company’s data protection procedures, corporate policies, vendor contracts, indemnity agreements, online privacy policies and intellectual property protection measures. When a data security breach has taken place, we can identify a company’s obligations and assist with response efforts. These activities include compliance with the myriad of notification statutes that exist in 47 different states, preservation of evidence, public-relations efforts, information sharing and overall preparation for potential onset of litigation. We work together with our clients to help them inform key personnel of appropriate response measures.

Our Cyber Law and Data Protection Group counsels clients concerning their options in response to intrusions and cybercrimes that could have devastating impacts on businesses. We also assist in cooperative efforts with law enforcement to aid in identification and possible prosecution of perpetrators.

The Cyber Law and Data Protection Group counsels clients in a wide array of business sectors, including:

  • Insurance
  • Healthcare
  • Financial Services
  • Technology
  • Education
  • Consumer Products

Insurance

Insurance carriers long have turned to White and Williams for first-party and third-party coverage matters. For cyber liability, it is no different. White and Williams lawyers advise on and litigate complex coverage matters involving data security breaches and wrongful collection and use of personal identifiable information (PII), as well as other privacy rights under numerous types of insurance, including general liability, media liability, D&O and cyber liability. In addition, we can assist insurers (and their insureds) with crisis management response, providing both coverage and exposure analysis for data security events, including compliance with state notification statutes and regulatory enforcement proceedings. Our lawyers regularly write and lecture on insurance law, including emerging cyber and privacy issues, and assist with policy drafting. Through the Cyber Law and Data Protection Group, White and Williams also offers in-house instruction and CLE courses to insurance claims department personnel on cyber liability and coverage issues.

Litigation

When a dispute involving cyber issues ends up in the courts, our lawyers bring their nationally recognized litigation experience to the courtroom. Our lawyers have litigated cases involving computer forensics, privacy issues, theft of information, email hacking, as well cases involving defamation and breach of the Stored Communications Act and the Computer Fraud and Abuse Act. We work with computer forensic experts to dive deep into the computer information stored in our clients’ systems and uncover who is on the other side. Our team is able to present this complex information in a clear, logical and convincing manner.

Representative Matters

  • Represented insurer in coverage matter involving high-profile security data breach
  • Coordinated the investigation for an international corporation concerning internal and external fraud committed through its computer systems
  • Represented insurers in coverage litigation and related matters involving unlawful acquisition and use of PII
  • Represented national company in matter where its website was attacked and page-scraped by competitors using bots and other software to obtain competitive information about the website’s visitors; obtained competitor's agreement to immediately cease and desist from all such activities
  • Advised clients on cyber policies and breach response
  • Represented clients in response to government subpoenas for their electronic data
  • Counseled clients in addressing cyber-harassment issues
  • Drafted and updated online service agreements, privacy policies and terms of use for client’s websites and intranet sites

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