Our experienced team views data breach response as a joint effort in partnership with the client where the client’s philosophy, brand and customer base are considered integral in reconciling compliance with the numerous, and often competing, laws and regulations. We confront the challenges faced by companies in this area daily, and our approach is one that fits the response to the facts rather than a one-size-fits-all approach.

Because Marshall Dennehey has substantial litigation expertise, we consider each step of the response process, counseling our clients with a focus on how decisions may impact a future defense to litigation or regulatory action. We do not dictate the response but, rather, work with our clients, who know their own businesses best, to consider issues such as credit monitoring, call centers, forensics, notification vendors and crisis management consultants. Due to our experience in litigation matters, our attorneys utilize document management software and teams of paralegals to aid clients to efficiently and timely respond to breaches involving voluminous electronic or paper documents and data.

We have handled more than 100 data breaches and privacy claims for health care, educational, banking, financial, retail and technology service providers, and we pride ourselves on our responsiveness.

Data breaches can happen any day of the week, requiring immediate attention. These crises don’t take weekends off, and neither do we. We are staffed to respond to time-critical situations with 24/7 availability.

Every crisis is unique, and there is no standard solution or menu of services that is suitable for every situation. Whether it is a breach involving just one individual, or millions, we have counseled clients to respond in a way that is cost effective, compliant with the law and protective of their brand.

In some instances it can be important to work with local law enforcement, the FBI or the Secret Service to help respond to, and investigate, a breach event. Our White Collar Crime Practice Group can assist clients in responding to issues involving grand jury subpoenas, criminal investigations, law enforcement procedures, witness preparation and regulatory audits when there is criminal activity involved. We have developed relationships with Secret Service agents, FBI agents, local law enforcement, district attorneys, attorneys general, the Office for Civil Rights (OCR) and other regulators.

Specific Practice Areas

• Privacy & Data Security
• Health Law
• Employment Law
• White Collar Crime
• Technology, Media & Intellectual Property