As we store more and more information in the digital realm – including financial information, health care data, retail client information, trade secrets and other intellectual property, company know-how, and the like – our networks become greater targets for thieves, competitors, and hackers. In addition to external threats, data breaches are often the result of insiders acting either innocently or maliciously. Regardless of the nature of a breach, without proper planning, the effects can be devastating, subjecting victims to regulatory penalties, litigation and severe reputational harm.
Our Approach
Our data protection and cybersecurity practice deploys a law-led approach in partnership with highly skilled technical support to address security threats and data breaches. Unlike other firms who can only offer a one-dimensional approach, we are able to provide a comprehensive approach through a strategic alliance with eosedge Legal, whose services focus on risk assessment, analysis and strategic advisory counsel. Combining the legal with the technical also gives our clients the added protection of confidentiality and privilege to further mitigate risk that a solely technical approach cannot provide.
The cyber risk landscape is challenging and ever expanding. Together, eosedge Legal and Lewis Roca Rothgerber Christie work as a team to provide clients with elevated data protection and cybersecurity strategies and full-scope solutions.
Risk Assessment
Our pre-breach services include interdisciplinary solutions to help clients manage everything from core business assets to cyber vulnerabilities. By identifying areas of weakness in systems and processes, clients can implement solutions and deter many potential threats and crises.
Data Policies & Practices
C-Suite Advisory Services
Leadership matters before, during and after a data breach. Our data protection and cybersecurity team provides organizations with educational workshops, breach coaching and policy development assistance in order to help them understand how to plan and deal with cybersecurity threats.
IP Asset Protection
A company’s intellectual property can be the life blood of its existence and needs to be protected. In an instant, a cyber-attack can change the course of a company’s growth and revenue. Our full-service team of IP attorneys provide nuts-to-bolts review, including:
- Implement a trade secrets audit
- Restrict physical and electronic access to trade secrets
- Establish and verify trade secret protection strategies
- Segregate and organize trade secrets
- Establish a trade secrets policy
Tabletop Exercises
Every organization is different. We develop tailored incident response plans ahead of cyber incidents, including tabletop exercises, penetration testing and war gaming.
Compliance
Our attorneys and cybersecurity professionals have extensive experience navigating the data protection and cybersecurity issues associated with regulated industries and general business operations. They review and follow the multitude of cybersecurity and data protection laws at the federal and state level in the U.S., as well as key international regulations, including:
- Bank Secrecy Act and anti-money-laundering rules
- Cable Act
- CAN-SPAM ACT
- Children’s Online Privacy Protection Act
- Communications Assistance for Law Enforcement Act
- EU-U.S. and Swiss-U.S. Privacy Shield Frameworks
- General Data Protection Regulation
- Fair Credit Reporting Act
- Federal Right to Financial Privacy Act
- FTC Act
- Gramm-Leach-Bliley Act provisions on privacy and security of customer information
- Health Insurance Portability and Accountability Act and the HITECH Act;
- IRS information disclosure rules
- Telecommunications Act
- USA Freedom Act
- USA PATRIOT Act
- Video Privacy Protection Act
- State data breach notification statutes and other data security laws
- Federal and state unfair and deceptive practices laws
Incident Response & Litigation
Crisis Management
We assist organizations during and in the aftermath of cyber incidents by helping to understand and navigate regulatory issues, public relations, and improving cybersecurity programs moving forward.
Breach Coaching
In the event of a breach crisis, the need for ready, astute advice and delivery of law-based coaching is critical to ensure that the entire incident response team protects the client’s interests. Our team serves as the breach coach, orchestrating all facets of the client’s processes and response. Incorporating attorney client privilege throughout this orchestration is a vital function and value to the client.
The eosedge Legal Team
With cyber intelligence vendors, malware researchers, and advanced cyber operations teams, eosedge Legal brings cyberlaw and services innovation to fill a gap in the market. Our ancillary services model affords clients complete cyber services, plus advocacy, market access and startup advisory services. Integrated within a law firm model, our confidential advisory is tailored to specific needs of the client. Attuned to regulatory and policy shifts, and knowing the “rules of engagement” between government and industry, eosedge legal helps navigate the challenging cyber risk landscape. Our principal strategic advisor, Doug DePeppe, is a trained attorney and was both a former advisor to the White House 60-day Cyberspace Policy Review and a former advisor to the National Cybersecurity Division, Department of Homeland Security.
The Lewis Roca Rothgerber Christie Team
Our cybersecurity and data protection attorneys have extensive experience navigating the cybersecurity and data protection issues associated with regulated industries and general business operations. Our legal team reviews and follows the multitude of cybersecurity and data protection laws at the federal and state level in the United States and pursuant to key international regulations, such as the GDPR. Our attorneys hold technical degrees in electrical engineering and computer science, have extensive experience protecting and defending highly confidential data, such as intellectual property, and are certified by professional privacy organizations.
Lewis Roca Rothgerber Christie LLP and eosedge Legal LLC are separate law firms that have entered into a joint marketing agreement. All decisions whether to recommend the other’s services will be made in consultation with each client or prospective client to assess their individual needs. Mr. DePeppe is a member in eosedge Legal. He provides strategic advice to, but is not a partner in or employee of, Lewis Roca Rothgerber Christie LLP.