As with any other asset, the effective and legal management of a business’ data, including ensuring its protection, has become an essential part of doing business in today’s technology-driven world. It has also become a legal necessity in the face of rapidly increasing and constantly evolving obligations which regulate the collection, maintenance, sharing, security, and deletion of data. These issues affect businesses of every size – from startups to large multinational corporations – as they all face similar privacy and cybersecurity legal requirements and risks.  

Tarter Krinsky & Drogin’s Cybersecurity, Data Management & Privacy Practice intimately understands data and privacy risks, managing our clients’ demands for getting business done while ensuring full compliance with these legal obligations. We bring a global, cross-practice business perspective to every engagement and provide unique knowledge of the evolving regulatory and legal compliance landscape. Our experienced attorneys design, implement, and update cybersecurity risk frameworks and help our clients legally manage and respond to a cyber incident.

Our services include: 

• Proactive Cyber Legal Services: In a world where it’s inevitable that an organization will become the victim of a cyber incident, we offer clients proactive cyber legal services to help organizations of all sizes prepare for that difficult day before it happens. Our team works diligently to put our clients in the best possible position to respond to and mitigate the effects of a cyber incident. After we learn more about a business and its data practices and evaluate potential gaps, we help develop a strategic plan that includes:
  • Drafting and helping to test cyber incident response plans
  • Drafting and/or updating cybersecurity risk frameworks
  • Ensuring full compliance with all related data centric laws and regulations
  • Training the C-Suite and staff on their obligations and how to manage them

• General Privacy and Cybersecurity Legal Services: From collection to deletion, we help our clients with all their data security and legal needs. Whether it’s evaluating a new product and its privacy controls, ensuring that all data collection efforts are legal, and managing contracts to protect sensitive business data, our team offers holistic privacy and cybersecurity compliance legal help to address every issue. This includes:
  • Drafting and/or updating privacy policies
  • Drafting and negotiating SaaS agreements, data processing agreements, data security and privacy agreements and addendums, contracts, and other legal documents that concern data
  • Evaluating the legality of data collection and sharing practices, including ensuring that all legal requirements to enable the same are met
  • Providing general and bespoke privacy and cybersecurity legal counseling

• Cyber Incident Response: When a cyber incident occurs, we help clients take rapid action to address the incident and mitigate the damage. We work with clients to ensure compliance with all relevant legal obligations, create an accurate audit trail to document compliance, and prepare to deal with potential litigation and regulatory investigations. Our work includes:
  • Acting as “triage” cyber incident response counsel to ensure effective legal representation at all times and possibly before a cyber breach coach is assigned by the cyber insurance company
  • Closing out the incident and conducting a “lessons learned” review and policy update once the matter is resolved
  • Evaluating and managing cyber incidents of all sizes from a small email account take over to a large ransomware event
  • Overseeing and retaining the forensics team and engaging with law enforcement as needed

• Emerging Technology: With new technological advancements occurring so often, it can be challenging to fit new technology into old law – our nimble team helps our clients do just that. From artificial intelligence to physical cybersecurity risks, we are skilled at identifying and managing legal and future legal concerns with regards to new technologies. Our work includes:
  • Drafting unique and novel contract language to put legal protections in place for the use and business dealings surrounding emerging technology
  • Evaluating and addressing privacy and cybersecurity compliance issues with the use or development of new technologies, including artificial intelligence
  • Keeping our clients informed of new and considered legal changes that could affect the development of a product, as well as its data collection and use

• Cybersecurity and Privacy-Related Litigation: While our attorneys help organizations do their best to avoid litigation, sometimes it is unavoidable. Our team of experienced litigators can defend and, if needed, prosecute actions concerning cybersecurity and privacy issues, such as:
  • Advising on litigation strategy for threatened or recently commenced actions
  • Defending or prosecuting cases involving cyber negligence and privacy violations (including right to publicity cases and alleged illegal website features)
  • Responding to or drafting pre-litigation letters and notices