On the Pulse…Privacy and Data Security Practice Group

Data breach and privacy claims are now a daily occurrence in the lives of millions of Americans. These incidents lead to incredibly high costs and public relations disasters for companies, big or small, and must be dealt with in an expedited manner. Marshall Dennehey is one of the leaders in the insurance defense of privacy and data breach claims. Our practice group focuses on helping clients reduce cyber risk exposures, guiding them through incident responses and containment, and compliance measures after a breach occurs.

Our data security group is staffed to respond to time-critical situations with 24/7 availability. The firm has handled hundreds of data breaches and privacy claims over the last ten years. Our clients are found in all fields: including technology, health care, education, finance, banking, retail, energy, public entities, school districts and other sectors. At Marshall Dennehey, we partner with each client to develop a customized approach, with a focus on how decisions may impact future defense to litigation or regulatory action. Whether the breach involves hundreds of individuals or millions, we have counseled clients in a way that is cost-effective, compliant with the law and protective of a company’s brand.

At Marshall Dennehey, we are keenly aware that a data breach will involve multiple areas of a client’s business. Whether a breach involves a theft or disclosure of trade secrets, or the violation of a company’s social media policy, attorneys in our practice group are available to provide critical and immediate counsel to assist the business entity with reducing the risk that comes with each breach. Our counsel also includes assisting clients in appropriately and effectively communicating with their employees or clients who will want immediate answers about whether their personal information has been compromised.

The goal of our counseling is to help our clients limit or avoid litigation as much as possible. We routinely counsel clients with regard to:

• Data security and retention policies;
• Defense of potential lawsuits involving both federal and/or state law, and state law privacy statutes;
• Analysis of vendor agreements and business associate agreements;
• Proper response to the Office of Civil Rights for HIPAA/HITECH violations;
• Assist in investigations and audits by State Attorneys General;
• Respond to credit card company inquiries related to PCI-DSS compliance; and
• Claims and litigation that may be the result of the data breach.

We pride ourselves in taking care of our clients and providing focused and proper counsel on how to avoid, mitigate and handle these data breaches. Please call if we can answer any questions about your current cybersecurity program or claims. Remember, it’s not a question of “if” a data breach will happen, but “when.”

*David is a shareholder and the chair of our Privacy and Data Security Practice Group. He can be reached at 215.575.2615 or djshannon@mdwcg.com.

_{Defense Digest, Vol. 25, No. 3, September 2019. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2019 Marshall Dennehey Warner Coleman & Goggin. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.}