Incident Assessment and Response

Law firms acquire, store and send confidential information in the ordinary course of practicing law. As such, a breach of your cyber security will not only expose your personal data, but will pose a threat to the confidentiality of information relating to your clients, as well as any parties involved in litigation or transactions with your clients. Almost every state has adopted laws regarding the disclosure of another’s non-public personal information, whether intentional or not. These laws typically require the notification of affected individuals and have penalties for the failure to do so. Moreover, the rules of professional conduct also generally prohibit the unconsented disclosure of confidential information.

Our Security Breach Counsel will help access the risks and mitigate the damages resulting from a breach, while taking into account, but not limited to, the following:

  • State security breach notification laws
  • Federal security breach notification laws (such as HITECH/HIPAA and the FTC’s Disposal Rule)
  • State professional ethics obligations

Once all of the legal and ethical requirements are understood, Security Breach Counsel will work with you to control the effects of the breach. We will assist in the coordination of a client and/or third- party dispute related to the breach. Specifically, in order to mitigate the damages arising from the breach, we will help with notifications, rectifying the breach or data loss, and will utilize our industry knowledge to advise you on the possible implication of your legal malpractice insurance.