Data Breach Response

Representative Experience

  • Successfully obtained judgment on behalf of financial institution in data breach litigation involving compromise of credit card data and ensuing credit card network liability.
  • Assisting in meeting a client’s notification requirements arising from a data breach, including identifying applicable state and federal laws; drafting consumer notification letters in compliance with regulatory requirements; and advising on data security measures to be taken in response to the breach.
  • Advised a consumer electronics retailer regarding consumer data breach notification obligations and other steps to respond to a data breach. In addition to advising the client regarding consumer, regulatory, and other notifications advice also addressed matters pertaining to the investigation of the breach, cooperation with law enforcement, and enhancing internal controls to minimize the potential for additional breaches.
  • Represented a large consumer information company in one of the nation’s first high profile data breaches. In addition to representing the client before the Federal Trade Commission, we also advised the client on consumer breach notification issues, congressional testimony, and enhancements to the client’s internal controls.