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From panic to pragmatism: De-escalating and managing commercial data breaches
Cyber Security: A Peer-Reviewed Journal,
2
(1),
17-22
(2018)
Abstract
Every day, it seems, a new data breach or cyberattack is being reported. As companies struggle to keep up with increasingly sophisticated attacks, the role of the cyber attorney has risen in prominence. Companies that are unprepared to deal with privacy and security risks rely more and more on external legal counsel to manage their entire breach remediation process. Companies also rely on legal counsel to deal with panicked stakeholders. This paper provides a high-level overview and pragmatic approach to data breach containment, notification and post-notification inquiries.
Keywords: breach; notice; remediation; investigation; notification
The full article is available to subscribers to the journal.
Author's Biography
Liisa Thomas is a partner based in Sheppard, Mullin, Richter & Hampton’s Chicago and London offices, and is co-lead of the firm’s Privacy and Cybersecurity Practice. She is known as an industry leader in the privacy and data security space and is consistently recognised by Leading Lawyers Network, Chambers and The Legal 500 and leading publications and organisations for her work in this area of law. She was recently named the 2017 Data Protection Lawyer of the Year — USA by Global 100, the 2017 US Data Protection Lawyer of the Year by Finance Monthly and the ‘Best in Data Security Law Services’ at Corporate LiveWire’s 2017 Global Awards. Clients value her global insights and familiarity with business systems outside of the US. With her assistance, her clients — which include major consumer brands, advertising agencies and consumer research companies — are able to navigate thorny data breach disclosure issues, use emerging interactive advertising techniques and create compliant security programmes, all while effectively managing their legal risks.
Amber C. Thomson is a Privacy and Cybersecurity Associate in Sheppard, Mullin, Richter & Hampton’s Washington, DC office. Clients value her knowledgeable and straightforward approach to privacy counseling and breach response matters. She regularly assists clients in evaluating their data security risks and helps companies implement the necessary policies and procedures to protect against cyberthreats. She also regularly works on international arbitration matters, where she guides multinational corporations through investorstate disputes. Clients rely on her creative approach to complex legal issues.
