Data Breach Defense and Privacy Investigations and Litigation

Data breaches or violations of privacy requirements can often lead to a business becoming a target of government investigations and private litigation. Epstein Becker Green’s talented and seasoned litigators have the experience and know-how necessary to effectively and efficiently handle these investigations as well as litigation matters of any magnitude and complexity.

Government Investigations

The risk of a data breach increases dramatically as companies digitize their operations. This increased risk of breach, coupled with state and federal breach reporting requirements, has resulted in heightened scrutiny by state and federal regulators. It is imperative that companies know how to properly evidence privacy and security compliance if an investigation begins. The consequences of an inadequate defense or response in the context of a government investigation could include onerous corrective actions and heavy fines.

Epstein Becker Green leverages its vast experience in privacy and security matters to defend clients through all aspects of government investigations that are triggered by high-profile privacy incidents and data breaches.

In-house counsel, senior management, boards of directors, audit committees, and outside counsel often turn to Epstein Becker Green for assistance with investigations by such federal enforcement agencies as the Department of Health and Human Services’ Office for Civil Rights, the Federal Trade Commission, the FBI, the Department of Homeland Security, the Department of Justice, the Securities and Exchange Commission, and state and local enforcement agencies.

Epstein Becker Green lawyers regularly assist clients during all phases of an investigation. We understand the details that regulators use to judge a company’s overall compliance. Accordingly, our services include:

  • Responding to investigatory demands and subpoenas
  • Preparing documentary evidence in support of compliance
  • Providing representation in negotiations with government agencies
  • Reviewing a client’s security architecture
  • Developing an effective account of the event under investigation

Data Breach Litigation

Epstein Becker Green’s litigators help manage the fallout from a data breach and advance the strongest possible defenses in the complex litigations that typically follow. We not only help protect clients from unjustified lawsuits but also lead them through the process of prosecuting hackers and other cyber-criminals.

Our seasoned litigators have extensive experience defending the kinds of claims typically asserted in the aftermath of a data breach—putative class actions alleging violations of state unfair competition and privacy laws or consumer protection statutes, as well as common law claims sounding in tort and contract. In addition to applying the law, we know the importance of molding it in a way that helps our clients meet their business strategies and objectives. In each matter, our litigators work with a client to reach a favorable resolution as early and effectively as possible by obtaining a dismissal, defeating a class certification motion, negotiating an advantageous settlement agreement, or litigating the case through trial and, if needed, appeals. Our litigation strategy is always shaped by the unique circumstances and issues of a client’s case.

Epstein Becker Green litigators are adept at handling the complicated procedural and substantive issues involved in data breach and other cybersecurity matters and mount an aggressive, knowledgeable, and efficient defense—or prosecution—of these matters. Our litigators stay on top of changes to privacy, data security, and consumer protection laws and know their clients’ industries and goals. As such, in cases where time typically is of the essence, our litigators require no learning curve.