Cybersecurity and data protection runs the full gamut of legal services, from compliance to proactive planning to strategic action plans to litigation. Spilman's cybersecurity team is drawn from a variety of practice groups to provide a holistic approach to working with your organization to protect its data. Our lawyers know your industry, and we partner with our clients to create a data security plan tailored to your organization's specific needs and situation. Our cybersecurity team has advised organizations across industry sectors, including clients in the healthcare, financial, and education industries, on how to navigate the ever-changing cybersecurity environment. We work with clients to address a broad range of issues related to cybersecurity incidents and have been called upon to assist with every phase of data breach management, from preparedness and prevention to mitigation and resolution. This ranges from advising clients on employee training on cybersecurity, responding to a lost device that contains sensitive data, responding to a compromising data breach, and defending against government inquiries and civil litigation resulting from a cyberattack.

Preparedness is the key to protecting against bad actors focused on compromising your organization's computer network and data. This risk mitigation includes preparing robust policies and procedures to guard against cyberattacks, performing cybersecurity audits to identify and patch vulnerabilities in your network and processes, and developing privacy policies and notices for your organization's stakeholder data. We also can assist your organization with governmental compliance and response to avoid future government action. Spilman also coordinates with your organization's CISO and IT specialists to advise senior executives and board members about cyber threats and solutions that will protect your network and data, and lower your organization's liability and the personal liability of senior executives and board members in the event of a data breach. With these services, we partner with our clients to minimize the risk of a future cyberattack and data breach.

Because cyber threats are ever evolving, even with a well-established culture focused on cybersecurity, cyberattacks and data breaches can still occur. In the unfortunate event of a data breach, a prompt and robust response to a cyberattack can restore customer confidence and protect against further reputational damage. Spilman's cybersecurity and data protection team is ready to respond quickly in the event your organization experiences a cyberattack. This response includes:

  • directing forensic investigations
  • analyzing legal requirements under state, federal and international laws
  • preparing regulatory and individual notifications
  • managing investigations and enforcement actions
  • handling discussions with payment card issuers
  • and developing board, business partner, public relations, call center and investor relations communications.

In the event that the cyberattack results in civil litigation, our litigation team is experienced with defending complex litigation and class actions in state and federal court, and against possible governmental enforcement actions. By providing privacy advice, conducting internal investigations into the causes of the attack and breach, and coordinating with government agencies and regulators, Spilman assists your organization to emerge from this crisis in the strongest position possible. After the smoke clears, Spilman will be there to work closely with your team to conduct a postmortem and implement better policies and procedures from the lessons learned as a result of the cyberattack.

Spilman's cybersecurity and data protection team stays up-to-date with the ever-changing legal trends and decisions surrounding cybersecurity. Sign up for Spilman's bi-weekly technology e-newsletter, Decoded, in which we discuss the latest cybersecurity and data breach issues and cases.

For more information about our cybersecurity and data breach practice, contact:

Nicholas P. Mooney
304.340.3860
nmooney@spilmanlaw.com

Alexander L. Turner
336.955.8352
aturner@spilmanlaw.com