About

Cyberspace activities are integral to our daily lives, with computer networks, mobile devices, and wireless signals operating on a global scale to store and relay business critical information that is necessary for the growth of our economy and businesses in key industries such as energy, chemical, manufacturing, healthcare, financial services, and transportation, to name a few.

These activities are now at risk from threats including hostile cyber attacks, natural disasters, structural failures, and human errors.  As a result, cybersecurity has become a critical component of our national and economic security platform.  In the past year, corporations ranked cybersecurity as their foremost issue of concern, noting that the pervasive risk and associated costs of a security breach in an environment with evolving legislative and regulatory compliance demands is too important to ignore. 

Blank Rome’s multidisciplinary team of attorneys advises clients on compliance with privacy and security laws, complex civil litigation, intellectual property rights, government relations and investigations, and corporate governance across many diverse industries including financial services, energy, healthcare, and technology companies.  By partnering with trusted technical security experts, we assist our clients in protecting their property and reputations from the unprecedented challenges that cybercrime presents, while preserving the legal advantages of attorney/client privilege.

Are You Prepared?

Every day brings news of another hacking incident, another stolen laptop, another disgruntled employee.  It could be a hacktivist looking to make a point.  It could be state-sponsored espionage.  It could be someone looking to use stolen personal information for financial gain.  Since no company or individual is immune from a security breach and its perilous consequences, advanced legal preparation and counsel is necessary to effectively manage impending cybersecurity threats. 

Blank Rome routinely counsels our clients regarding:

  • performing comprehensive privacy and data management assessments, mapping data flows, implementing policies and procedures, and training staff
  • drafting and negotiating vendor contracts and advising on vendor audits to address privacy and security concerns
  • developing incident response processes
  • reviewing cybersecurity insurance policies
  • implementing “red flags” processes to detect security incidents that may lead to identity theft 

Responding to a Security Incident

Once you are faced with a security incident, it is important to have legal counsel, and its inherent attorney-client privileges, readily available to assist in managing the many issues arising from a data breach.

Our attorneys can assist our clients with:

  • investigating and responding to security incidents while preserving confidentiality privileges
  • preparing individual and customer notifications
  • handling regulatory interactions
  • providing call center guidance
  • managing employment issues
  • addressing intellectual property and data rights
  • internal and government investigations
  • insurance coverage actions
  • white collar defense

Compliance

Navigating the complicated terrain presented by today’s web of state, federal, and international data protection laws, as well as preparing a compliance program to mitigate any potential liability from a security incident, is a critical component of cybersecurity.

We routinely monitor and advise our clients on the following legislative and regulatory matters:

  • HIPAA and HITECH
  • State security requirements and breach notification
    laws
  • FTC Act and its state law equivalents
  • Children’s Online Privacy Protection Act (COPPA)
  • Fair Credit Reporting Act
  • SEC Guidelines on Cybersecurity
  • EU Data Protection Directive and certification to the Safe Harbor
  • Gramm-Leach Bliley Act (GLB)
  • Website and mobile application privacy requirements
  • CAN-SPAM

Government Relations

Congress is currently debating legislative options to enhance the ability of the government and private corporations to address cybersecurity issues.  Both the House and Senate are taking a piecemeal approach, looking to pass smaller bills instead of one large comprehensive bill.  Important issues include information sharing, privacy, and critical infrastructure, among others.

While there are divisions over how to ensure that the appropriate tools and protections are in place, there is full consensus that something needs to be done to protect businesses and individuals from cybercrime.

Blank Rome keeps clients updated on current legislative activities to enable them to participate in the process when legislation is being considered.  Through strategic advice and implementation of agreed upon action plans, we help our clients positively impact legislation in a proactive manner.

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