Beyond the Breach

We set out the core questions that defendants should answer to assess the parameters of settlement in a particular data breach class action.

Cyber criminals can attack a company’s network and consumer class actions may follow. Where the suit is litigated could matter.

As an organization determines the materiality of a breach, it must also decide how it plans to communicate with the SEC about the mere fact that the breach occurred.

Like night follows day, a company announces a data breach and few hours later, plaintiff’s lawyers start filing class action lawsuits.

A crucial decision in the immediate aftermath of a breach is whether to reach out to law enforcement for assistance. How do you determine which law enforcement agency to contact?

In the wake of a crisis, even the best laid plans cannot foresee every situation. But the knowledge gained in formulating what to do in such an emergency will be invaluable.

Thanks in no small part to a breach’s potential impact on organizations’ bottom lines, cybersecurity has become a top-of-mind concern for boards of directors.

In the wake of a data breach, one of the key questions an organization will face is whether to inform law enforcement of the incident. The right answer will depend on the facts and circumstances of the incident as well as the business and regulatory environment.

When an organization that has suffered a data breach begins to investigate the breach, preserving attorney-client privilege and work product protection is probably not top of mind for the organization and its in-house counsel. But preserving privilege and work product protection should not be an afterthought.