Cyber Law

Cyber risk and liability are now paramount concerns for every organization, enterprise, and their insurers.  The internet has revolutionized the way we conduct business and led to the dramatic rise in the volume of data being transmitted and handled electronically.  The ever-changing cyber, technological, and legal landscapes means businesses need experienced and specially-trained professionals on their side. 

Privacy and Information Security and Regulatory Compliance

Selman helps companies manage the risks associated with the collection, use and disclosure of electronically stored information, including sales, research, consumer and employee information.  Our collaborative approach includes attorneys from our insurance coverage, litigation and corporate liability practices.  The group’s services include counseling and compliance, including:

  • Develop privacy and information-security practices and policies tailored to your website, business, industry, and geographic region
  • Provide advice and counsel to mitigate security breaches
  • Analyze required and desirable incident-response measures as to data breaches
  • Advise on information retention and destruction requirements, information sharing, and information disclosure
  • Privacy and content risk analyses and audits
  • Create legally compliant and technologically sound data security procedures
  • Ensure compliance with state and federal regulations

Litigation

Selman helps businesses that have been the victims of data breaches and other cyber events.  The risk of litigation arising from cyber events is growing exponentially and has become a key concern for businesses operating in the digital age.  Our cyber law team includes experienced trial lawyers capable of handling a broad range of privacy-related litigation, including:

  • Data breach lawsuits
  • Consumer class actions
  • Lawsuits seeking damages for failure to comply with federal and state consumer privacy statutes
  • Administrative or other actions brought by state or federal regulators.

Insurance

Selman uses its vast resources and great expertise in the insurance field to continue to serve and advise insurers concerning coverage issues arising out of new cyber insurance products and GL forms that include a cyber component.  Our attorneys have represented domestic and international insurance companies to provide coverage advice and counsel, including:

  • Coverage advice and counsel to insurers following massive data breaches by insureds
  • Coverage advice and counsel to insurers regarding exclusions and coverage potential

Experienced and Trained Cyber Liability Professionals

Although many law firms claim expertise in this new area, few actually have trained professionals.  Selman has attorneys with substantial Cyber liability experience, including with specific training on U.S. private-sector privacy laws and regulations and the legal requirements for the responsible transfer of sensitive personal data to/from the U.S., the EU and other jurisdictions.  We also have counsel who earned the ANSI-accredited Certified Information Privacy Professional/United States (CIPP/US) credential through the International Association of Privacy Professionals (IAPP).  The IAPP is the first organization to publicly establish standards in professional education and testing for privacy and data protection.  The IAPP privacy certification is internationally recognized as a reputable, independent program.  The CIPP was developed and launched by the IAPP with leading subject matter experts and is the world's first broad-based global privacy and data protection credentialing program.  It is the global standard in privacy certification.  

Representative Matters:

  • Provided counsel regarding Fair Credit Reporting Act for multi-national software company;
  • Counseled healthcare providers on HIPPA privacy requirements;
  • Advised business and software consulting firm on information security compliance;
  • Represented data aggregation client in responding to regulatory inquiry;
  • Regularly advise clients regarding data security and privacy in the negotiation and preparation of vendor and service agreements;
  • Regularly counsel clients with regard to meeting regulatory and information security standards;
  • Analyzed coverage for first and third-party claims under cyber, privacy and data breach insurance policies;
  • Routinely work with defense counsel, technical experts, publicist and adjusters to resolve claims;
  • Assisted in complying with federal and state notification statutes to individuals and customers whose private data was compromised;
  • Monitored and assessed reasonableness of payments for first and third-party claims;
  • Successfully litigated a major case involving claims made under the Telephone Consumers Protection Act.

News and Publications

Jerel Agatep Receives Certified Information Privacy Professional (CIPP/US) Credential Elaine Harwell Recognized for Volunteer Efforts with Lawyers Club of San Diego San Francisco Attorneys Named 2018 Super Lawyers and Rising Stars Selman Breitman Again Ranked a Law360 Best Law Firm for Female Attorneys Law360 Announces 400 Largest U.S. Law Firms

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