Privacy and Data Breach

Companies retain and transmit massive amounts of data that is vulnerable to theft and exfiltration. A complex web of state, federal, and international data privacy and security laws requires companies to protect that data and disclose breaches. Effective data security demands a coordinated effort by management, information technology, and legal personnel.

To address privacy compliance, we:

• Counsel clients on applicable data privacy and data security issues.
• Draft or review data use, retention, and destruction policies.
• Negotiate contract terms to protect sensitive data made accessible to third-party vendors.
• Advise clients regarding compliance with privacy and data security laws (including HIPAA and Gramm-Leach-Bliley), regulations, and industry standards (including the Payment Card Industry Data Security Standard).
• Review data security compliance programs and train key personnel.
• Tailor breach response programs unique to clients’ circumstances and risks.

A data breach is a crisis that requires a swift, comprehensive response. Haynes and Boone has helped organizations prepare for, respond to, and mitigate every aspect of data security breaches involving trade secrets, personal identifying information, financial information, payment cardholder data, protected health information, and other sensitive data.

When a data breach occurs, we:

• Investigate the breach.
• Develop a client-focused strategy for working with law enforcement agencies.
• Ensure preservation of evidence while preserving attorney-client privileges.
• Coordinate clients’ responses to criminal and regulatory authorities.
• Defend clients against claims, including class actions, arising from the breach.
• Prosecute civil claims against hackers and other infiltrators.
• Represent clients before the Federal Trade Commission, the Consumer Financial Protection Bureau, and other federal and state enforcement agencies.
• Advise clients regarding disclosure obligations under federal securities laws and federal and state privacy laws.
• Counsel clients regarding public statements and managing media coverage.

Data breaches or other cyber incidents can result in the loss of sensitive data and damage to clients’ reputations. Clients need a team with the experience to address the legal and technical issues that will arise. Haynes and Boone has that experience.