Investigations/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 process growing amounts of protected health information, personally identifiable information, and other sensitive/protected data. 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 cybersecurity 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 cybersecurity 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.

Our Services

Epstein Becker Green attorneys 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 information security program, including administrative and technical controls
  • Developing an effective account of the event under investigation

Privacy and Data Breach Litigation

Epstein Becker Green’s litigators help manage the fallout from privacy violations, data breaches, and other consumer protection actions, and advance the strongest possible defenses in the complex litigations that typically follow. We not only help protect clients from unjustified lawsuits but, where necessary, lead them through the process of prosecuting hackers, malicious employees, and other cyber-criminals.

Our seasoned litigators have extensive experience defending the kinds of claims typically asserted in the aftermath of a privacy or data breach—putative class actions alleging violations of state unfair competition, the Telephone Consumer Protection Act, privacy laws, and other 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 aids our clients in meeting 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 privacy, 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.