Data Security Breaches

The global average cost of a data breach is $3.92 million—$8.19 million in the United States—and it can impact an organization for years after the incident. Arnold & Porter's Data Breach Rapid Response team can help address data breaches as quickly and efficiently as possible, fortify defenses and minimize short- and long-term losses. We have a full-service team that integrates our privacy, cybersecurity, white collar, healthcare, financial services, corporate, intellectual property, employment, and litigation professionals. Together, we develop appropriately tailored response plans designed to protect data breach victims from the very first instance of a breach through each stage of crisis management. These plans integrate substantive legal advice; detailed knowledge of the organization's objectives, business units and factual situations; and familiarity with the government's priorities, processes and approaches.

Extensive Government Experience: Our team includes former high-ranking government officials whose experience provides access to federal and state law enforcement authorities on numerous data breaches and insights into their particular concerns.

Significant Capabilities in Defending Consumer Class Actions: We have a robust track record in defending data breach class action claims, having obtained dismissals in many instances, before extensive litigation can progress.

"Well versed in managing data breaches and also noted for its strengths in consumer class action defense in breach litigation." –Chambers USA 2020
Webinar: Are You Prepared? Litigation Under the California Consumer Privacy Act

Experience Highlights

  • Adobe Systems in the successful resolution of data breach class action lawsuits against a leading digital marketing and media solutions company concerning the network intrusion and possible theft of customer information.
  • Barnes & Noble in obtaining the dismissal of data breach class action lawsuits involving the alleged theft of payment card information. 
  • Brooks Brothers in obtaining the dismissal of class action data breach claims involving the alleged theft of payment card information. 
  • Canon Business Processing Services in defending pending data breach class action litigation. 
  • Georgetown Hospital System in defending a pending data breach class action litigation relating to a ransomware attack. 
  • Horizon Blue Cross Blue Shield of New Jersey in defending pending data breach class action lawsuits brought under the Fair Credit Reporting Act and various state laws against a health insurance company involving the theft of laptops containing customer information. 
  • Leidos Inc. in obtaining the dismissal of class action data breach litigation concerning the theft of computer media containing health care information. 
  • Sabre Corporation in securing the dismissal of data breach claims concerning the unauthorized access to payment card information through a hotel reservation system. 
  • Tandem Diabetes Care in defending pending data breach class action litigation. Tandem Diabetes Care-Data Breach Litigation and Related Matters
  • University of Vermont Health Network in obtaining the dismissal of data breach class action litigation relating to unauthorized network access. 
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