Data Breach Response and Litigation

Organizations facing cybersecurity risks have an increasingly long list of issues to address. Those issues include, but are definitely not limited to, things like data theft, disruption of their operations, reputational harm, and the threat of costly litigation. Most jurisdictions require corporations to maintain what is commonly referred to as a “reasonable” level of security, but legal questions always arise as to what constitutes “reasonable” and how do these entities know when they have complied with that standard. At XPAN Law, our team of knowledgeable attorneys approaches data breach and incident response from a global view. We understand breach response is more than just being able to send notification letters to affected parties. It requires an experienced approach, one that considers both the data impacted and the corporate “victim” of that cyber incident. We believe in a simple all-around metric – preparing a measured solution with a strategically assembled team that directly understands how the intersection of business, technology, cybersecurity, and corporate reputation work together.

Data breaches can undoubtedly be one of the worst days in a corporation’s history. XPAN Law knows that having steady counsel is the key to bringing a rapid resolution of such an unsettling event and can get the corporation back to its business-as-usual posture. Our team of attorneys combines resolute litigation experience, technological knowledge, and global risk management to directly address the needs of our clients. At the same time, we incorporate a cost intelligence model in order to reduce costs, respond efficiently, and achieve superior results.

XPAN Law understands how to operationalize breach response by harnessing a corporation’s already established organizational structure and resources and supplements those resources with an experienced team that knows how to lead. We recognize the importance of knowing how to best use and work with federal and state law enforcement, as well as international enforcement agencies, forensic companies, ransom payment firms, crisis communications specialists, mailing and call center vendors, brokers, and insurance carriers. Our hands-on ability to work with these domestic and international entities allows us to deploy resources with a rapid effect to avoid undue delay.

XPAN Law assists clients in every industry, regardless of company size, to analyze and properly respond to data privacy and cybersecurity issues. We take pride not only in our responsiveness but also in being keenly aware of overlapping legal obligations and potential liabilities that surface under circumstances particular to that client or industry. We use our global knowledge and experience to address issues involving the European Union’s General Data Protection Regulation (“GDPR”), the California Consumer Privacy Act (“CCPA”), the California Privacy Rights Act (“CPRA”), the Colorado Privacy Act (“CPA”), Virginia’s Consumer Data Privacy Act (“CDPA”), and the Health Insurance Portability and Accountability Act (“HIPAA”), along with other federal and state regulatory schemes that include data and/or privacy breach reporting requirements.

To the organizations we represent, XPAN Law is more than just a law firm. We are both trusted advisors and relentless legal advocates ready to assist a company’s board of directives or decision-makers with any cyber or privacy issue they come across. While we stress being proactive, our firm’s knowledge and strategic focus on data privacy, along with our skilled preparation and readiness, affords our clients a clear advantage. XPAN Law’s experienced attorneys have the ability to immediately react to a data breach and respond to any consequential legal ramifications with guided practical solutions unique to the company’s business blueprint in mind.

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