Data Breach/Cybersecurity Investigations & Litigation

Overview

Businesses of all sizes and in virtually every industry face the daily threat of a data breach or other cybersecurity event, as well as the challenge of managing the potentially catastrophic economic and reputational harm and legal consequences that can flow from such an incident.

The threat posed by criminals, state-sponsored actors, malicious or negligent corporate insiders, and so-called “hacktivists” is simply a fact of life for the health care, retail, financial services, technology, and higher-education industries and all other businesses dependent on the collection and maintenance of sensitive information. Epstein Becker Green's litigators are routinely called upon to assist our clients in navigating their way through this new reality. These litigators help manage the fallout from a data breach and advance the strongest possible defenses in the complex litigations that typically follow.

Epstein Becker Green protects and advances its clients' interests in this context through two highly focused teams of attorneys. The first, the Privacy, Cybersecurity & Data Asset Management Group, comprises health care and life sciences, workforce management, and cybersecurity attorneys with extensive experience in the technical and regulatory aspects of cybersecurity. The second, our Data Breach/Cybersecurity Litigation Group, is a team of senior litigators with deep experience in defending and managing data breach litigations and other complex disputes, including class actions. Epstein Becker Green's seamless interdisciplinary approach of joining experienced litigators with our in-house privacy and security law professionals sets us apart from most of our peers and enables the firm to efficiently and effectively manage and litigate data breach and other cybersecurity matters of any magnitude and complexity.

Our Data Breach/Cybersecurity Litigation Group includes a number of Epstein Becker Green's most seasoned litigators. These litigators are well versed in 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, as well as common law claims sounding in tort and contract. They regularly litigate the critical issues that can directly affect the outcome of these disputes—standing, class certification, cognizable damages, and the like. Our litigators have developed extensive experience in these issues not only in the data breach context but also through our defense of class actions and other complex litigations in such areas as securities fraud, consumer rights, lender liability, product liability, wage and hour, and employment discrimination.

Joining forces with their health care and life sciences colleagues with exceptional technical and regulatory experience in privacy and cybersecurity issues, our litigators can handle the complicated procedural and substantive issues involved in data breach and other cybersecurity matters and mount an aggressive, knowledgeable, and efficient defense. In cases where time typically is of the essence, our Data Breach/Cybersecurity Litigation Group requires no learning curve.

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