No computer is safe.  If a data storage device—from a phone to a complex data server—has access to the web, it is at risk.  If a computer is networked, it can be hacked, leading to the misappropriation of customer data, personal information, and company trade secrets.  Hackers appear to be three steps ahead of the latest security measures.  And the losses can be profound—for individuals, companies, and governmental agencies.  If a company is slow to react to a breach, it is at risk of substantial damages, irreparable reputational harm, and even criminal liability.

Organizations should have cybersecurity and privacy in mind before the breach. It is no longer a matter of if a breach will occur, but when.  Osborn Maledon helps clients minimize potential legal exposure at the front end by drafting corporate contractual provisions, company policies, and employee agreements.

After a breach, our cybersecurity response team can quickly and efficiently investigate the breach and seek appropriate judicial relief and protective orders on an expedited basis to minimize the harm.

Finally, our Investigations and Criminal Defense group can provide counseling and defense to respond to the threats of criminal prosecution or investigations that frequently haunt companies after a significant data breach.

Representative engagements include:

  • Osborn Maledon corporate attorneys regularly negotiate and draft agreements in business transactions to limit liability of clients in the event of data breaches;
  • For clients who are trusting their networks and sensitive data to third parties, Osborn Maledon’s corporate attorneys bring their knowledge of industry trends and best practices to bear by negotiating preventative measures designed to minimize the risk of breach, as well as appropriate remedies should protective measures fail;
  • Osborn Maledon corporate attorneys advise clients on privacy and data protection strategies to create an action plan in the event of a breach;
  • Following a disgruntled employee’s theft of sensitive and personal data, our team investigated the scope of the loss, tracked down the ex-employee, and worked with federal authorities to assist with the repossession of the data, and to obtain of protective orders in federal court;
  • We defended a large company who became target of an FTC investigation following a data breach;
  • We regularly pursue former employees who gather and steal company trade secrets, often obtaining emergency court orders to stop the use of the stolen information and prevent further harm;
  • We initiated provisional remedy and injunctive relief actions in New York, Missouri, and Arizona to uncover and stop a massive fraud and to recover stolen data and physical property;
  • We represented an attorney in an engagement to stop an ugly internet harassment campaign initiated by former litigant;
  • Osborn Maledon attorneys have expertise in HIPAA, FERPA, PCI and other specialized privacy and data security issues.