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Data Security

Databases not only serve as company crown jewels, but are increasingly governed by an array of international, federal, and state regulations. We provide immediate solutions to clients victimized by internal and external database intrusions.

Spencer Fane works with its clients in containing the intrusion, implementing appropriate remedial steps, restoring systems, and notifying customers and regulators—all while preserving evidence for the prosecution of claims and the confidentiality of the engagement.

We regularly assist companies and other organizations in: 

  • Assessing data intrusions 
  • Assisting in remediation efforts 
  • Formulating and executing data breach notification strategies 
  • Ensuring compliance with international, federal, and state regulatory requirements 
  • Instituting and revising privacy policies and statements 
  • Interfacing with federal and state authorities

Spencer Fane has extensive experience in prosecuting civil actions against the perpetrators of data breaches and working with federal and state authorities in their criminal prosecutions of hackers.

Spencer Fane has worked with numerous financial institutions in the implementation of the FDIC’s Final Guidance on Response Programs. We provide comprehensive services from the filing of the SAR to customer notice strategies. Spencer Fane ensures the utmost privacy and confidentiality of the data breach assessment and remediation approaches.

Spencer Fane rejects a “one size fits all” approach to our clients’ data security needs. Spencer Fane uses a 50-state approach and we are capable of creating prompt notices customized to the particular requirements of your industry and each applicable state. Spencer Fane’s state-by-state approach is essential as state requirements not only differ, but also are inconsistent. Spencer Fane engages in a comprehensive analysis of all data breach notification requirements under state and federal law and regulations as well as relevant contracts and insurance policies. Spencer Fane also has experience in assisting our clients on data intrusion claims under applicable insurance policies.

As data breaches inevitably result in either civil or criminal litigation, Spencer Fane remains focused on preserving: evidence, the attorney-client privilege, and the client’s interests.