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Managing the Unusual Data Security Incident

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Key Facts

  • An experienced team ready to jump in to assist with assessment and management of data incident response, especially in situations with unusual facts
  • Providing decision makers with actionable advice and bridging the gap between technical analysis and legal obligations
  • Protecting companies from costly missteps in early stages of an investigation

The Situation

A client called over a holiday weekend with the disturbing news that a “white hat security researcher” had discovered what he called an exposure of customer data belonging to a large customer of the client. The “researcher” had contacted both the client and the customer and, apparently, the information was also leaked to a reporter. This was not a “garden-variety” data breach and required experienced counsel dealing with the highest levels of two public companies

The Approach

Mintz's team of Certified Privacy Professionals has been providing practical advice to companies managing data security incidents for over 15 years. We understand the technical issues that lead to a data security incident, the legal obligations, and crisis management skills needed to step a company and its board of directors through a large-scale incident.

We immediately began working through the purported facts with the technical and corporate communications teams to help the company develop accurate and timely responses for both its customer and the press. We also acted as the company’s subject matter expert in regular updates and management calls with the customer’s incident response team, and we provided counsel to the company when it appeared that the incident may attract congressional attention. Actions taken as a result of thoughtful and experienced guidance can help turn what might be a devastating incident into a manageable event.

We excel in working with companies that rely on data and frequently advise technology companies of all sizes. We have provided strategic advice in the heat of an incident and after-action planning. On the preventative side, we understand what can go wrong, and we are able to provide practical advice regarding remediation of identified risks.

The Outcome

Our team has helped our clients out in multiple situations where data incidents pose legal and reputational risks. We excel in providing decision makers with actionable advice regarding legal obligations and coordinating that with crisis management and communications. The end result is capable management of an incident, limitation of legal exposure and potential litigation, and after-action remediation.

Supporting Professionals