Yesterday, Governor Ralph Northam signed into law Virginia’s Consumer Data Protection Act (“VCDPA”). Virginia joins California as the second U.S. state to enact a comprehensive data privacy law. The new law will come into effect on January 1, 2023, the same day that California’s amendments to the California Consumer...Read More
The storage of electronic information has become ubiquitous in today’s marketplace, and with it has come a diverse set of new legal challenges.
Data Security. Data Breach. Data Privacy. Data Management. Electronic Discovery.
Maynard Cooper & Gale’s multi-disciplinary cybersecurity practice leverages experienced attorneys and information technology professionals to help businesses navigate the significant and myriad of legal risks that electronic data imposes on companies. Cyber and data issues are at the confluence of law and technology, and we believe it is essential to have subject matter expertise in both.
Because the challenges faced by companies vary by industry, our approach to problem-solving integrates practitioners from several areas, including intellectual property, corporate, financial services, health care, government contracts, international trade, and litigation. We draw upon this collective body of experience from a variety of industries and disciplines to deliver robust, practical, and timely solutions for the state, federal, and regulatory framework within which you operate. Cybersecurity law is evolving at a rapid pace, and our experts stay abreast of current trends and changes in the law. From crafting and implementing data security and information management policies to breach investigations to defending class action data breach litigation, Maynard Cooper stands ready to tackle the cybersecurity issues you are facing.
Having a data security program in place that allows an organization to protect its valuable electronic assets and respond to any security breach is crucial to an organization’s health and success. Maynard Cooper’s cybersecurity team provides area-specific guidance on data security compliance and regulations, and can help an organization establish or improve a viable data security program. We provide regular guidance on the data security obligations imposed by Gramm-Leach-Bliley, FCRA, PCI security standards, HIPAA, HITECH, the FTC breach notification rule, state privacy and breach notification statutes, government contracting regulations, NIST requirements, and the NIST Cybersecurity Framework.
Our cybersecurity team provides comprehensive expertise in the event of unauthorized access to information or an information security breach. Businesses large and small face a patchwork of federal and state laws and regulations, industry-specific guidelines, and common law theories of liability in the cybersecurity arena, and we counsel clients on the potential liabilities stemming from all of these sources. Data breaches require swift action, and Maynard Cooper is prepared to navigate its clients through incident response, internal investigations, regulatory inquiries, data breach notification laws, and civil litigation.
Every company, regardless of industry or business model, should have measures in place to guide the protection and use of personal information. We advise our clients of the relevant data privacy laws and regulations throughout the data lifecycle – from the creation, storage and transfer of data to its ultimate disposal. Our privacy team works with clients in various industries, including government contractors, health care providers, financial institutions, and others, to develop privacy policies and protocols to protect the personal information of customers and employees. Our privacy team also implements systems, procedures, and training to help operationalize country-specific and globally-compliant privacy programs that meet our clients’ business needs.
The volume and variety of electronically stored information is increasing exponentially. As an organization’s data grows, so too does its vulnerability to security breaches and theft of protected information. We help companies supervise and protect their electronic caches by implementing protocols and procedures to manage the size, categories, locations, and ultimately the safety of their data. By working with key departments in your company, such as management, human resources, and information technology, we are able to develop information governance plans specifically tailored to your organization’s needs. Representative services that our team offers are policies and procedures for e-mail management, record retention, computer usage, Bring Your Own Device (BYOD), social media, data storage, and litigation protocols.
We have been advising clients about electronic discovery ever since the Federal Rules of Civil Procedure were amended in 2006 to address the subject matter. We have a keen understanding of the legal and financial considerations that need to be evaluated in each matter to fashion a cost-effective and defensible electronic discovery plan. Maynard Cooper’s e-discovery team of attorneys and information technology professionals has an in-depth understanding of the entire life cycle of electronically stored information (ESI) from preservation to presentation. Representative e-discovery services include:
- Litigation Holds
- Preservation, Collection and Discovery Protocols
- Discovery Plan Meet and Confer Conferences
- Cost-efficient document collection, analysis, review, and production
- In-house Data Analytics
- Forensic Analysis
- Motion Practice
- 30(b)(6) ESI depositions
- Trial Presentation