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 the damage and ensure full compliance with state and federal notification laws.

When a data incident occurs, Fox attorneys:

• Work closely with senior management and in-house counsel to gauge the scope and severity of the breach
• Leverage established relationships with providers of forensic, ransom payment and crisis communications services, as well as call centers, insurance carriers and brokers to provide access to critical resources and streamline the breach response process for clients
• Oversee the incident investigation and response using early evaluation protocols, and manage internal or external digital forensics and restoration 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 state and federal regulatory agencies and law enforcement such as state attorneys general, the Federal Trade Commission, U.S. Health and Human Services’ Office for Civil Rights and the Federal Bureau of Investigation to benefit the client
• Interact with government investigators on the client’s behalf
• Mount vigorous defenses against any resulting litigation

Fox attorneys defend clients against legal and enforcement actions in the aftermath of a data breach, and when a 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 Federal Trade Commission (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.