Threats to your cyber security can create significant operational and legal problems. They require an aggressive, fast-paced, multi-disciplinary plan to control and even prevent potential damage. Quinn Emanuel can work with you to design such a plan—one you can activate immediately in the event of a breach. We can work with you to update your current strategy or rapidly design and implement an entirely new plan if you do not already have one in place. We have successfully represented numerous companies faced with data security breaches. Our clients cut across a broad spectrum of industries, including insurance, health, financial, entertainment, employment, and other kinds of confidential personal information.
We can quickly activate an experienced team that will address all aspects of the matter that are likely to arise, including regulatory, state, and federal government investigations, class actions, and public relations. We have nationally recognized experts in each of these fields who can help your company navigate the thicket of issues that accompany a data security incident. We have eight offices in the U.S. and ten more located in Europe, Asia, and Australia. Thus, we have the resources in place, poised to act on a moment’s notice, no matter when or where the incident occurs. Our team is led by the former chair of the United States Attorney General’s Advisory Committee on Cybercrime and IP Enforcement, who also served as a member of the Cyber Advisory Committee for the Department of Justice.
As soon as a security breach becomes public or customers receive notice, multiple class actions are filed and continue to be filed over the succeeding weeks and even months. These suits are now commonly filed within hours of an event being public. Such suits are fairing better in courts. In addition, a wide array of regulators commence their own investigations. Quinn Emanuel’s experience with these cases, and its preceding reputation as a litigation powerhouse, gives our clients an edge in disposing of these cases as quickly as possible.
Almost no company is free of risk. Any company that stores private consumer or employee information can be a target of a security breach. Preventive care is important, both for corporate diligence and board and management peace of mind. We offer a Readiness Audit, which will assess the strength of your company’s data security, its preparedness in the event of an attack, and help to design a plan to bolster areas that are not sufficiently robust.
We advised a leading U.S. computer company in a matter involving leakage of highly confidential information (including information about the client’s new products and marketing strategy) through the hacking of an email account of the client’s partner in Russia. The complications included suspicions that the information was passed to the client’s European competitor. We handled internal investigation into activities of the client’s Russian partner as well as its former and current employees, interviews with the suspects, criminal investigations in Russia and Europe, and cooperation with the outside U.S. forensic experts.
For a government client we have advised on implementing a suite of data privacy and information security regulations across a truly diverse facility base. For the same client, we are assessing what new procedures/protections should be put into place to avoid future data breaches.
We won dismissal of a SDNY case against our client Harley-Davidson. The claims arose from loss of a computer with personal information of Harley-Davidson motorcycle owners.
We represented DIRECTV in a class action matter alleging violations of the Electronic Communications Privacy Act (“ECPA”). We obtained a decision from the Ninth Circuit Court of Appeal affirming the dismissal of the complaint. In a case of first impression, the Court concluded that the ECPA did not permit liability for aiding and abetting or conspiracy to violate Section 2702 of the Act.