In a highly litigious world, matters of privacy and data security are by no means immune from lawsuits. Cybercriminals and plaintiffs’ attorneys alike are constantly looking for new lines of attack.

Data Breach Response

Fox Rothschild's breach-tested team of Privacy & Data Security attorneys helps clients prevent data incidents and respond effectively when critical systems or information are compromised.

We work closely with businesses' legal and IT departments as well as forensic and technical experts to understand and address ongoing challenges, particularly issues that are unique to clients' businesses and industry sectors. Our team has helped companies nationwide respond to more than 1,000 data security incidents, ranging from lost or stolen devices to complex multifaceted cyberattacks involving ransomware and business email compromise that affect millions of people and expose significant amounts sensitive information. We provide guidance on compliance with federal and state regulations that govern data breach response as well as the gathering, use, protection, retention and disposal of private information.

Fox Rothschild has relationships with dozens of cyber liability insurers. When a data breach occurs, this allows clients to respond quickly, working with trusted counsel they already know and trust.

More than just breach coaches, our attorneys go beyond handling the immediate incident, working alongside clients throughout the process to improve compliance and prevent future breaches. We have extensive experience representing companies in breach prevention, response and litigation matters.

In the event of a breach, clients have access to our team day and night via our 24-hour data incident hotline: 800.680.0595.

The Incident Response Team can also be reached via email at IncidentResponse@foxrothschild.com.

Data Privacy Litigation

Our team is dedicated to protecting clients from claims of data privacy wrongdoing and noncompliance.

Our attorneys provide legal insights and candid assessments with an eye toward offering cost-effective, efficient and responsive representation. We evaluate the merits of every case early, formulating a defense strategy that is tailored to achieving our clients’ objectives.

Following data breaches, we defend clients against lawsuits and other enforcement actions. And when our client’s proprietary data is improperly exposed or stolen, we pursue legal remedies to obtain relief and hold the negligent party responsible.

Our experience includes defending against the first FTC enforcement action arising out of the use of a P2P network, litigation stemming from a denial of service attack and federal civil rights cases arising out of data breaches. It also extends to the defense of telemarketing companies, including platforms for consumer contact, lead generators, lead brokers and actual calling parties, against claims filed under the Telephone Consumer Protection Act (TCPA), the Video Privacy Protection Act (VPPA), the California Invasion of Privacy Act (CIPA) and other state laws.

We often advise clients that have been accused of infringing on privacy rights through the use of marketing and data analytics solutions that are considered commonplace by most company marketing departments.