Data Breach Response

Helping clients develop best practices for cybersecurity and compliance in avoiding and addressing risk

In today's digital landscape, data breaches are no longer a matter of "if," but "when." Organizations across every industry face increasingly sophisticated cyber threats, and how a company responds in the critical hours and days following an incident can determine its legal exposure, regulatory posture, and reputational resilience. Our Data Breach Response Team is dedicated exclusively to helping clients prepare for, manage, and recover from cyber incidents with confidence and speed.

We provide crisis-tested, business-focused legal support throughout the lifecycle of an incident—before, during, and after the breach. With deep experience across breach response, government investigations, and post-incident litigation, our team helps clients navigate the legal and operational complexities of cybersecurity events while maintaining privilege, protecting the brand, and mitigating regulatory risk.

Breach Response Counsel

When a breach occurs, our Data Breach Response Team deploys immediately to manage legal risk, coordinate technical investigations, and guide public response. We operate under attorney-client privilege to manage any emergency IT resources, direct forensic analysis, coordinate the public relations, assess regulatory obligations, and help our clients determine the scope of the incident.

Our services include:

• Real-time response to suspected or confirmed incidents, including ransomware, phishing, insider threats, and system intrusions
• Coordination with IT, forensic, public relations, and threat intelligence vendors
• Legal analysis of breach notification requirements under U.S. state laws, federal sector-specific laws (e.g., Health Insurance Portability and Accountability Act (HIPAA), Gramm-Leach-Bliley Act (GLBA)), and contractual obligations
• Coordinating data breach notification efforts, press statements, and regulator disclosures
• Communication with law enforcement, insurance carriers, and crisis communications professionals

Regardless the nature, scope, or severity of the data breach, our team provides seamless and strategic guidance at every step.

Post-Breach Litigation and Regulatory Defense

A data breach can trigger regulatory scrutiny and class-action litigation. Our team represents clients in post-incident legal matters with precision and resolve. We defend companies in:

• Investigations by state attorneys general, the Federal Trade Commission (FTC), U.S. Department of Health and Human Services (HHS)/Office for Civil Rights (OCR), the U.S. Securities and Exchange Commission (SEC), and other regulatory or investigatory bodies
• Litigation of negligence and contractual liability disputes, both asserting and defending against claims for compensation
• Class action lawsuits and mass arbitration demands stemming from data exposure
• Congressional or administrative agency inquiries into breach causes or disclosures

We also conduct privileged internal investigations to identify security and technical breakdowns, provide legal advice on remediation, and support cybersecurity governance improvements to reduce future exposure.

Industry-Specific Experience

Our team supports clients in highly regulated sectors where the legal risks of a breach are especially acute. We have served as breach counsel to:

• Health care providers and insurers navigating HIPAA breach reporting and OCR investigations
• Financial institutions responding to data compromise events under GLBA and state financial privacy laws
• Retailers and payment processors addressing Payment Card
• Industry Data Security Standard (PCI DSS) issues and managing card brand exposure
• Publicly traded companies preparing for SEC disclosures and investor communications
• Education, transportation, and utility providers managing infrastructure vulnerabilities and cross-agency response coordination

Cyber Insurance and Recovery Strategy

We advise clients on the use and scope of cyber liability insurance policies before, during, and after a breach. Our services include:

• Communicating directly with insurance carriers during incident response management to ensure mitigation obligations are met
• Evaluating coverage terms and exclusions in advance of an incident
• Working with breach coaches and carriers to preserve coverage positions
• Coordinating policyholder obligations, communications, and claims documentation
• Supporting insurer-facing advocacy to maximize recovery and mitigate denial risk