Cyber/Data Privacy and Security
The most significant asset many companies manage today is data, and that data is rapidly expanding across every type of organization. Indeed, some experts report that the digital universe is doubling in size every two years. This type of asset has the potential to transform concepts, boost innovation and extend an entity’s reach. “Big data” presents enormous opportunities for growth but it can also present many challenges, including challenges concerning the security of that data and what to do when that security is compromised.
Our lawyers are experienced in navigating the complex technical and legal issues that characterize this landscape. We have advised and assisted clients as they approach a full array of these risks, including: data/security breach incidents; breach notification compliance and regulatory response; privacy and consumer class action lawsuits (including alleged violations of HIPAA/HITECH, TCPA, FCRA); vendor/provider/business associate issues; software consulting errors/omissions; payment card/merchant service agreement issues; intellectual property disputes; digital media, social media and advertising/marketing perils. These risks have an impact across all industries and sectors. For example, we have handled matters in relation to financial institutions, healthcare entities, healthcare providers, health insurers, retailers, manufacturers, technology companies, media/publishing companies, governmental/educational institutions, vendors/consultants, agents/brokers and a variety of other professionals.
Mendes has counseled clients with respect to best practices for privacy compliance and breach response preparedness. We act as coverage and monitoring counsel to cyber insurers, providing comprehensive incident response management as well as claims and litigation management. These services include negotiating with vendors and other consultants and experts to provide an effective, efficient incident response. We have also assisted our clients in drafting policy wordings to address the ever-emerging complications that their insureds now face --- crisis management expenses; regulator inquiries; reputational losses; business interruption costs; intellectual property disputes; state-sponsored threats; social engineering hazards; independent contractor predicaments; customer relationship management issues; and, non-traditional business models. Our lawyers have a wealth of experience in helping clients develop the tools to tackle these wide-ranging scenarios.