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In Bloomberg BNA, Ropes & Gray Attorneys Provide Practical Tips from Recent Data Security Breach Litigation

Practices: Data, Privacy & Cybersecurity

In an article published by Bloomberg BNA’s Privacy and Security Law Report, Ropes & Gray attorneys examine decisions in recent private data security breach cases to extract practical tips for in-house counsel looking for ways to reduce data breach-related exposure. The article specifically expands upon the five tips, which examine how:

  1. Anything your company says about the strength of its data security measures may be used to support deception-based claims.
  2. Anything your company says about the extent of a breach may be relied on by courts to determine whether consumers were sufficiently ‘‘injured’’ to have standing to sue.
  3. Your company’s offer of credit monitoring to consumers whose information may have been compromised may be treated as an admission that those consumers face an imminent risk of injury.
  4. How your company structures an internal investigation into a data security breach can significantly impact whether related documents and communications are protected by the attorney-client privilege or work product doctrine.
  5. The ability of companies that suffer data security breaches to obtain reimbursement for the costs associated with the response and with defense costs, settlements, and/or judgments depends on whether adequate insurance coverage has been purchased in advance.

The article was authored by Ropes & Gray privacy & data security associate Lindsey Sullivan.

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