Your company just suffered a data breach. Your next phone call could either make or break your career; it may even determine whether your company survives altogether. You can call the lawyer you always call for transactional or litigation work and hope that he or she can figure out what to do, or you can call a lawyer that has received similar calls countless times before, has guided several other companies through a data breach response, has determined their legal obligations to notify affected parties, and has mitigated their potential litigation risk. When your company suffers a data breach, you should rely on experience—you should call Cobb & Counsel.
Cobb & Counsel is well-versed in The Art of Data Breach Response and Protection. And while our data breach response team is on call 24-7 to appear at your offices to provide immediate advice and assistance, we encourage our clients to take advantage of our cybersecurity litigation preparation practice (during normal business hours) by undergoing a data breach crisis-response audit. With respect to cybersecurity the adage is true—an ounce of prevention is worth a pound of cure.
While litigation avoidance and mitigation is an important aspect of data breach response, and courts are raising the bar for recovery, data breach litigation remains viable, and is often unavoidable. Our lawyers have litigated data breach cases before, including a nationwide class action resulting from a cyberattack that destroyed our client’s servers and disclosed their subscribers’ credit card data. In addition to private party litigation, companies suffering from a data breach also face regulatory scrutiny and oversight. We can help here as well. As Texas Deputy Attorney General for Civil Litigation, Cobb oversaw numerous data breach investigations and the enforcement of the Texas Identity Theft Prevention Act.
When advising clients on how to prepare for and respond to data breaches, Cobb & Counsel leverages a wealth of first-hand experience earned in the crucible of data breach litigation and litigation counseling. Let us put that experience to work for you.
Data Breach Prevention and Response: Publications and Resources
- The Art of Data Breach Response and Protection
- Texas Federal Court Finds Risk of Future Identity Theft Insufficient to Secure Standing
- Target Decision Provides Outline for Consumer Plaintiff Data Breach Litigation
- 2013: Year of the Mega Breach Cybersecurity Awareness Month – A Good Time for a Crisis Audit
- Fifth Circuit Revives Negligence Claims for Purely Economic Losses in Connection with Heartland Payment Systems Cyber-Attack Litigation
- President Issues an Executive Order on Cybersecurity
- Texas’s Amended Data Breach Notification Law Increases Complexity for Businesses