McDermott has guided clients through assessments and responses to hundreds of data breaches, including some of the largest cyber incidents to date as well as more limited exposures of confidential or proprietary information. We have experience in all types of cyber hazards, including state-sponsored attacks, overseas criminal hackers, ransomware, insider threats and system compromises resulting from misconfigurations.
We maintain three incident response teams (IRTs), each focused on a particular type of data that implicates a different legal regime. Our teams are available to respond to client issues seven days per week, at all times.
Our General Data IRT includes lawyers who have been recognized among the nation’s leading practitioners in cyber incident response. This team has handled breaches involving consumer, employee or proprietary information for a diverse range of clients, including technology companies, telecommunications providers, financial service institutions and retailers.
Our Health IRT includes lawyers from our Health Industry Advisory Practice Group, the only such practice to receive top-tier ratings from The Legal 500 USA, U.S. News-Best Lawyers and Chambers USA. Members of our team possess a deep understanding of health data privacy issues and deliver comprehensive breach response advice to health providers, health technology companies, life sciences companies and others in the health industry.
Our International IRT brings together attorneys from the United States, Europe and Asia and has handled breaches that have involved laws and regulations of more than 100 countries.
Each of our teams is experienced in handling all phases of a data breach response, including:
- Participation and leadership of incident response teams
- Retention and coordination with forensic, cybersecurity, public-relations, and notification firms
- Notice to affected persons such as consumers and business partners as well as to US federal, state and non-US regulators
- Coordination with US Attorney offices, Federal Bureau of Investigation (FBI), Secret Service, Federal Trade Commission (FTC), Federal
- Communications Commission (FCC), state attorney generals, regulators and other government agencies
- Coordination with auditors, senior executives and boards of directors
- Development of public-relations strategies
- Management of post-breach cyber assessments and remediation counseling
- Responses to governmental investigations
- Defense of class-action and multidistrict litigation