Breach Prevention & Response

Fox partners with clients in the never-ending battle against data thieves. We work with clients’ IT departments to understand and address their ongoing challenges and help track federal and state enforcement initiatives that regulate the gathering, use, retention and disposal of private information.

Breach Prevention & Risk Mitigation

Fox attorneys, often serving as clients’ outside privacy counsel, help prevent data theft by:

  • Conducting 360-degree privacy and data security audits
  • Overseeing privacy and data governance
  • Implementing Privacy by Design projects
  • Drafting, redesigning and implementing comprehensive data security and privacy policies
  • Assessing the privacy and security implications of acquisitions, mergers and divestitures
  • Preparing incident response plans for dealing with data breaches
  • Delivering employee privacy and data security training
  • Negotiating third-party contracts
  • Helping clients comply with a wide range of U.S. and global data security laws and regulations:
    • Health Insurance Portability and Accountability Act (HIPAA)
    • Gramm-Leach-Bliley Act
    • Fair Credit Reporting Act (FCRA)
    • European Union’s General Data Protection Regulation (GDPR)
    • California Consumer Privacy Act (CCPA)

Breach Response

If the unthinkable happens and a client suffers a breach, either in electronic or paper form, we’re poised to respond swiftly and decisively to limit additional damage and ensure full compliance with state and federal notification laws.

Fox attorneys:

  • Work closely with senior management and in-house counsel to gauge the scope and severity of the breach
  • Oversee internal incident investigation and response using early evaluation protocols, including managing forensic teams
  • Verify that a breach has been contained and identify weaknesses to prevent future breaches
  • Help clients comply with state and sector-specific consumer, government and law enforcement notification statutes
  • Leverage relationships with law enforcement and regulatory agencies such as the Federal Trade Commission and FBI to benefit the client
  • Interact with government investigators on the client’s behalf
  • Review cyber liability policies and negotiate coverage issues with carriers
  • Mount vigorous defenses against any resulting litigation

To help clients navigate the maze of state and federal data breach regulations, Fox developed the Data Breach 411 mobile app, available for download in the iTunes AppStore.