Cyber Security and Data Protection

Scarinci Hollenbeck represents individuals, businesses, and government agencies in developing and implementing data breach response programs and understanding and complying with the laws and standards that regulate the collection, use, sharing, and protection of personal data.

A dangerous aspect of the Internet Age, one that individuals, businesses, and government agencies must effectively counteract, is cybercrime. As technology advances, people and criminal enterprises find innovative ways to illegally access and use private and proprietary information.

Headlines about cyber hacking attacks and security and data privacy breaches abound, renewing public focus on the vulnerabilities of IT security and the profile of cybercriminals. The cost of these attacks to the global economy is estimated to exceed $1.5 trillion.

Our Cyber Security & Data Protection Group, experienced in developing and implementing data breach response programs, is prepared to assist clients with the coordination of criminal and civil responses following a data breach. Businesses that possess personally identifiable information have numerous obligations and responsibilities under state, federal, and – in some cases – international law. Businesses have a responsibility to shareholders, employees, and customers to safeguard proprietary, confidential, and trade-secret information. Our local access to federal and state authorities and a global alliance of legal and technical professionals enable our team to address the most urgent of client needs.

In addition to its data breach (i.e., hacking) response capabilities and offerings, the Cyber Security & Data Protection Group assists clients in understanding and complying with the laws and standards that regulate the collection, use, sharing, and protection of personal data. Regardless of their size, businesses must comply with the laws that pertain to their possession or ownership of consumer or employee data.

We understand how information-use business models and how information flow generates revenue for our clients. Our lawyers have extensive experience in technology, banking and finance, consumer protection, employment, international law, intellectual property, health care, and litigation. In addition, our lawyers have hands-on business experience that enables us to provide strategic business consulting on all aspects of information policy, including privacy, information security, and records management.

We play an important role in the development of public policy regarding the future regulation of cyber issues and are recognized as authorities in the field. For example, we have offered commentary on U.S. federal legislation, lectured internationally, written comprehensive, scholarly articles on cyber topics, and been quoted in media reports addressing cyber issues. In addition, the group chair has been designated as a Fulbright Specialist in the area of how technology impacts the law, created and teaches an innovative law school course on the topic, and founded and contributes to a blog that monitors cyber and data privacy initiatives and policies that emanate from The Office of the President of the United States, eWhite House Watch.

The Cyber Security & Data Protection Group is dedicated to providing guidance to address the proliferation of information technology vulnerabilities that have made it difficult for clients to safeguard and manage critical information, and is committed to offering solutions to reduce risk and comply with the patchwork of laws and regulations that administer information governance.

Cyber Security and Data Protection Group services include:

  • Timely response team dedicated to crisis management: 732-568-8374 or email fpinguelo@scarincihollenbeck.com
  • Identification of theft prevention, breach response, mitigation, and notification requirements for the states and countries whose laws and regulations may apply to a breach.
  • Defense of actions brought against businesses as a result of breaches, including actions filed under federal laws such as Gramm–Leach–Bliley Act, Computer Fraud and Abuse Act, Electronic Communications Privacy Act, HIPAA, and individual state and local consumer protection laws.
  • Prosecution on behalf of businesses of claims for damages caused by security breaches, including actions filed under the Computer Fraud and Abuse Act.
  • Assistance with dispute resolution, management of consumer concerns, response to allegations of misuse of data, state and federal investigations (including actions and requests for information from state attorneys general, DOJ, and the Federal Trade Commission), and litigation.
  • Counsel clients to help ensure compliance with the laws and standards that regulate the collection, use, sharing, and protection of personal data.
  • Address issues concerning consumer and employee privacy, online advertising and behavioral marketing, social media and data sharing, and data retention policies.

The Cyber Security & Data Protection Group invites you to learn more about our services and subscribe to our mailing list to receive articles and notices about upcoming seminars. Please contact us at fpinguelo@scarincihollenbeck.com.

Read about the latest developments and cases affecting the world of cyber security and data protection at eWhite House Watch blog.

  • Serve as national coordinating counsel to Opice Blum Advogados Associados, Brazil’s premier cyber law firm.
  • Led efforts in the U.S. in conjunction with Brazilian legal efforts concerning a significant data security breach; filed unique federal pre-lawsuit action that compelled cloud-based website to produce user information for use by international IT security firm in its investigation of highly confidential reports.
  • Led and coordinated efforts to contain company’s data security breach and address data security obligations under the relevant federal and state laws.
  • Assessed client’s lost data event and determined that state data breach notification requirements did not compel company-wide employee notification.
  • Successfully addressed breach of security issues for client under New Jersey’s Identity Theft Prevention Act.
  • Secured removal from YouTube of video that disparaged client’s integrity and caused a negative economic impact on its business.
  • Successfully addressed online social networking (OSN) issues for employer whose employees abused the use of OSN sites.
  • Represent TV news anchors, reporters, meteorologists, and sports casters, including Emmy Award-winning talent, regarding cyber security/privacy issues concerning their Internet reputation. Representative clients include on-air talent who broadcast out of local and affiliate TV stations across the U.S., including in Boston, Chicago, Los Angeles, Minneapolis, and New York.
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