Privacy, data usage and security issues are a constant and complex concern of every organization. Protecting digital information from ever-changing threats is serious, not only for regulated industries such as health care and financial services, but also for any business that receives, uses or stores personally identifiable and other protected or proprietary information.
We advise clients on all aspects of privacy and data security. We counsel clients who have suffered a data security breach to ensure that response plans meet all applicable legal requirements and minimize exposure to litigation and regulatory actions. Our team works to implement measures to mitigate risk before a breach occurs, including, by way of example, creation of privacy and information usage compliance programs, data security policies and development of response team plans in the event of a data breach.
Butler Snow’s team focuses on all aspects of privacy and data security. We use a multi-disciplinary approach, staffing our Data Security and Privacy team with members from multiple practice areas of our Firm to cover the full array of issues present in these matters, including:
- Data Breach Investigation, Response and Notification
- Privacy and Data Security Assessments and Reviews
- Risk Management
- Litigation and Regulatory Actions
- Investigation of Data Breach Incidents
- Payment Card Data Security and Litigation
- Vendor and Business Partner Contracts
- Representation of a national insurance company to conduct internal investigations regarding potential data security breaches.
- Obtained dismissal of $50 billion identity theft class action claim after removal pursuant to Class Action Fairness Act and defeat of remand efforts. The suit alleged damages from the theft of personal information of hundreds of thousands of individuals whose information was stored on missing laptop.
- Represented the world’s largest internet marketer of aviation parts in trial of Computer Fraud and Abuse Act suit. Allegations included hacking to wrongfully obtain proprietary information used in internet sales and acquisition of aviation parts. Jury verdict for client after 6 week trial and successfully defended $20 million counterclaim.
- Represented chain of casual restaurants in data breach resulting in compromise of credit cards. Successfully navigated the investigation and worked with authorities, including the Secret Service, to uncover the criminal hacking and augment security measures and restore public confidence and client customer base.
- Negotiated and implemented consent order with the Federal Trade Commission relating to data security breach.
- Obtained dismissal of lawsuit alleging defamation and violation of Tennessee Personal Rights Protection Act for New York-based website.
- Engaged by large chain of specialty retail stores in litigation to recover card brand assessments taken by the card processor following a criminal hacking and defending allegations of damages sustained by the card processor.
- Advised a manufacturing entity on how to respond to a breach resulting in the compromise of sales and customer data. Advice covered communicating with customers and steps to avoid or mitigate litigation exposure.
- Obtained dismissal of suit by a customer against a national on-line bank and its executive alleging fraud and consumer protection claims arising from freezing of account funds in suspicious transactions.