Cyberliability

Computer hacking and data privacy breaches are making headlines every day.

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Most modern companies maintain digital databases of personal information about employees and customers, not to mention sensitive proprietary information and trade secrets of their own. Without a comprehensive cybersecurity program in place, these companies are exposed to significant legal risks. As the experts remind us, it is not a matter “if,” but of “when.”

Many of the lawyers in the Cyberliability Group at de la Pena & Holiday have been on the internet since before it was called the internet, and we are intimately familiar with the risks and potential legal liabilities of doing business in today’s interconnected world.

We provide the following services to help protect our clients from cyberliability risks:

  • Auditing a company’s existing processes and procedures to guard against intrusion or loss
  • Formulating and implementing new policies and contractual guidelines to protect systems and data
  • Maintaining compliance with laws and regulations regarding data privacy and related security plans, including requirements of the SEC, FCC, FTC, and state agencies
  • Providing crisis management and incident response guidance in the unfortunate event of a breach
  • Structuring relationships with cyber insurance companies and reviewing relevant policies and agreements
  • Reviewing and revising all agreements with technology providers, including cloud services, software development, and managed services, to ensure compliance with security requirements
  • Dispute resolution and defense of claims brought in the unfortunate event of losses

Given that computer intrusions and digital espionage threats are on the rise, it becomes mandatory to harmonize contracts, policies, and practices with current cyberliability realities.

We at de le Pena & Holiday look forward to helping our clients remain prepared for every contingency that may arise in today’s digital world.