Cybersecurity threats are more prevalent and sophisticated than ever before. At the same time, evolving regulatory requirements are making data collection and use a daunting task. Staying secure and compliant with evolving cybersecurity risks and data privacy laws and regulations has become a monumental effort that requires the highest levels of competency. At Buchanan, we provide the holistic data protection support companies, organizations and government agencies need to protect themselves and stay head of cybersecurity risks and regulatory developments.
Protect, Respond, Recover: Cybersecurity is a Top Priority for Companies
Protecting your network means safeguarding the very core of your business and its operations. With every system at risk of attack, having a seasoned team knowledgeable in the legal, regulatory and technical triad of cybersecurity is critical for risk mitigation, business security and continued revenue-generating operations. As one of the select few firms in the world recognized as a NetDiligence Authorized Breach Coach® law firm, our team of security professionals is well-versed in the latest cybersecurity technologies and methods. We provide technical insights alongside legal advice to ensure a comprehensive approach to cybersecurity.
Cybersecurity Advisory and Compliance
Our mission is to make our clients breach-ready and resilient. We assist you through inquiries and assessments by regulators, state attorneys general, federal agencies and international data protection authorities. With our extensive experience, we help enhance your operational framework by:
- Advising on and crafting industry-specific regulatory compliance programs
- Developing comprehensive, risk-based security strategies with insights from third-party security experts and our internal technical proficiency
- Conducting “reasonable security” evaluations to mitigate legal and regulatory risks
- Addressing various threats like ransomware, business email compromise, social engineering, third-party and supply chain vulnerabilities, online account breaches and unauthorized access with detailed data analysis
- Assisting in due diligence for corporate transactions, including pre-acquisition assessments and post-acquisition integration planning
- Streamlining vendor management and technology contracts and brokering major agreements involving advanced security technologies
- Establishing comprehensive cybersecurity risk management programs and collaborating with corporate leadership at all levels, including setting up foundational security measures, charting cybersecurity roadmaps, and gauging cybersecurity maturity
- Guiding publicly traded companies in navigating the latest SEC cyber rules
Cybersecurity Incident Response Readiness
We have assisted organizations of all sizes, including publicly traded companies, private companies, nonprofit educational and charitable institutions, and government agencies to deal with the full range of cybersecurity incidents and threats: ransomware, extortion, supply chain breaches, wire fraud, business email compromise, system vulnerabilities and more.
Our approach involves working closely with you to develop, refine and document your cybersecurity programs and incident response plans. We collaborate with forensic and crisis communication experts to provide effective training for your response teams. By conducting cybersecurity tabletop exercises, we simulate real-world, dynamic threat situations to evaluate organizational readiness and identify response plan gaps.
In the event of an incident, our Cyber Response Team provides 24/7 support. Beyond legal advice, our team helps ensure your IT systems and processes comply with various cybersecurity regulations through technical audits and actionable improvement recommendations.
Data Privacy Demands and Regulations Pose Increasing Complexity
Consumer demands and regulatory requirements are making data collection and use more complex by the day. Organizations face enforcement and litigation if they cannot demonstrate reasonable security measures to safeguard personal data, as well as collect, use and disclose that data in a transparent way.
Our dedicated privacy team is committed to helping you address the risks, priorities and practical implementation actions best suited to your unique mix of data collection, use, sharing, protection, retention and regulatory environment.
Data Privacy Advisory and Compliance
We work with you to identify and apply the data privacy and protection laws relevant to your specific data collection practices. These requirements are integrated into your organizational operations and long-term planning, including compliance with:
- New and differing “comprehensive” data privacy laws enacted in multiple states
- Requirements for privacy policies, digital advertising, website consents and preference selections
- Federal Trade Commission (FTC) regulations and enforcement actions targeting consumer data protection
- State regulatory action and court rulings on data privacy and security under consumer protection laws
- Federal and state action on the privacy risks of artificial intelligence (AI)
- Sector-specific requirements for healthcare (HIPAA and HITECH), financial services (GLBA), education (FERPA), critical infrastructure and government contractors (DOD)
- Federal and state “reasonable security” requirements for personal data
- Health data privacy and breach notification compliance for organizations, whether or not subject to HIPAA
- Supply chain risk management, including third-party risk management and data protection agreements, and provisions for commercial contracts
- Workforce privacy and security requirements and training
Risk Assessments
New state privacy laws mandate data protection assessments for data-related activities that pose a risk of substantial privacy harm, such as processing health, geolocation, biometric and other sensitive data; targeted behavioral advertising; consumer profiling; and automated decision-making.
Basic data protection principles require due diligence of third parties who may have access to your IT environment or confidential data, regardless of whether data usage is within the service scope. We help create the tools, conduct the gap analyses, document the assessment processes and draft the contract protections necessary to meet your compliance priorities.
Transactional and M&A Due Diligence
Data is an essential component of commercial transactions and M&A deals. We help buyers and sellers, customers and service providers analyze and reduce data-related legal risks, including:
- Assessing data protection risks of companies involved in M&A
- Assessing data protection risks in commercial contracts
- Preparing customized representations, covenants and remedies to protect against third party liability
- Negotiating data protection agreements to address specific transactional risks and comply with U.S. laws and the European Union’s General Data Protection Regulation (GDPR)
A Strong Defense Against All Cybersecurity and Data Privacy Matters
Cybersecurity breaches can have severe consequences for individuals and organizations. If a breach takes you to the courthouse or leads to regulatory scrutiny, our litigation team is highly experienced in post-breach suits and will defend you in any form of litigation, including single-plaintiff lawsuits, class actions or actions brought by regulatory authorities.
Additionally, courts are treating data protection with the utmost concern and are holding companies accountable for their failures. Our team of litigators possesses an in-depth understanding of the laws that affect privacy and data security litigation. These include the federal Electronic Communications Privacy Act, encompassing the Wiretap Act and the Stored Communications Act; the California Invasion of Privacy Act; the California Consumer Privacy Act; the Video Privacy Protection Act; the Fair Credit Reporting Act and the Telephone Consumer Protection Act. We are well-versed in the state-level counterparts to these statutes, state consumer protection laws and common law privacy torts.