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Our “Beyond the Breach” series offers useful insights into what you can do after a data breach to support your organization for the inevitable legal battles ahead.

Introducing Our “Beyond the Breach: Through the Lens of a Litigator” Series

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The legal stakes are high for organizations that suffer a data breach.Government investigations of data breaches are becoming more sweeping and are leading to ever-increasing settlement amounts. For example, in July 2019, <a target="_blank" href="https://www.ftc.gov/news-events/press-releases/2019/07/equifax-pay-575-million-part-settlement-ftc-cfpb-states-related">Equifax agreed to a global settlement</a> with the Federal Trade Commission, the Consumer Financial Protection Bureau, and 50 U.S. states and territories for the company’s 2017 data breach. The settlement calls for Equifax to pay between $575 million and $700 million to consumers, the U.S. government, and those states and territories.Not to be outdone, plaintiffs’ attorneys are now filing data breach lawsuits on <a target="_blank" href="https://finance.yahoo.com/news/marriott-guests-both-lawyers-file-113036850.html">the day a particular breach is publicly announced</a>.With both investigations by government agencies and the filing of private lawsuits looming just over the horizon as soon as a data breach occurs, organizations must respond in a way that positions them to resolve breach-related investigations and litigation as favorably as possible.To meet these challenges, we have developed our new series, “Beyond the Breach: Through the Lens of a Litigator.”In “Beyond the Breach,” members of our <a href="/practices/litigation/privacy-data-security/">Global Privacy + Data Security</a> and our <a href="/practices/litigation/global-risk-crisis-management/">Global Risk + Crisis Management</a> Groups will tackle the legal concepts and concerns that organizations and their legal teams must keep in mind as they deal with the fallout from a data breach and the possibility—or perhaps likelihood—of government investigations and private litigation. Read our series to gain deeper insight into:<ul><li>The role that the board of directors should play in preparing for and responding to a data breach;</li><li>Strategies for preserving attorney-client privilege when hiring a third-party forensics firm to investigate a breach;</li><li>The pros and cons of making voluntary disclosures to law enforcement after suffering a breach, as well as the appropriate law enforcement agencies to contact;</li><li>The SEC’s current approach to data breach enforcement, and strategies to consider when the SEC comes calling;</li><li>The types of claims that plaintiffs’ attorneys often bring in data breach litigation and possible defenses to those claims; and</li><li>Multi-District Litigation (MDL)—the consolidation of multiple suits stemming from the same breach—and its potential impact on both the course and the outcome of the litigation.</li></ul>It is our hope that “Beyond the Breach: Through the Lens of a Litigator” will provide you with helpful insights into what you can do after a data breach to support your organization for the inevitable legal battles ahead.

Introducing Our “Beyond the Breach: Through the Lens of a Litigator” Series

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Privacy + Data Security

Global Risk + Crisis Management

Litigation