Beyond the Breach
Data Breach: Six Questions to Evaluate Possible Class Action Settlement
We set out the core questions that defendants should answer to assess the parameters of settlement in a particular data breach class action.
No Injury, No Data Breach Claims? Depends on the Circuit
Cyber criminals can attack a company’s network and consumer class actions may follow. Where the suit is litigated could matter.
Communicating with the SEC When Your Organization Suffers a Data Breach
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.
Data Breach: Five Things to Keep in Mind When the Lawsuits Start Coming
Like night follows day, a company announces a data breach and few hours later, plaintiff’s lawyers start filing class action lawsuits.
Which Law Enforcement Agency Should Your Organization Coordinate with in the Wake of a Data Breach?
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?
The SEC Is Paying Close Attention to Whether and How Public Companies Disclose a Data Breach
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.
What Should Boards Think About After a Breach?
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.
The Benefits and Risks of Notifying Law Enforcement
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.
Five Considerations For In-House Counsel When Attempting to Preserve Privilege and Work-Product Protection During a Data Breach Investigation
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.