Honigman’s Data Security and Privacy Litigation Practice Group helps clients develop effective solutions that protect and manage information assets, comply with complex and rapidly changing areas of law, respond to data breach and other security incidents, and respond to claims of privacy violations. Our cross-disciplinary team has extensive experience and skills as litigators, technology professionals, and regulatory and investigative lawyers. We combine this with our substantive knowledge of data security, privacy regulations, and information security laws that govern the collection, use and protection of personal information.
Planning and Structuring Advice
Our team helps organizations prepare for potential data breaches by providing a counsel-led review of known past – and potential discovery of unknown – breaches and a proposal of solutions. We are able to supervise the preparation of the organization’s systems architecture and assist with any vendor selection. We also create response plans that combine a legal component with the technical to ensure that we achieve the right balance between maintaining privilege rights and the need to work with regulators.
Data Breach Investigation and Response
We investigate the scope and cause of data breaches and coordinate the response. We also work with organizations to identify the appropriate consultants to assist in the investigation of the particular data breach, coordinate the internal IT professionals with the consultants, control the scope of the investigation, and prepare an appropriate response in anticipation of litigation. Our lawyers are familiar with the myriad state and federal disclosure and reporting laws that are constantly changing, and our team takes those – along with ongoing litigation, future litigation, and customer relations considerations – into account when responding to a breach. We consider the legal impact of an organization’s customer relations’ efforts, and we also keep in mind the impact of the IT changes that will occur within the company’s business units.
Should litigation occur, we aggressively defend our clients, including in class actions on both the state and federal level related to negligence, privacy statutes, credit monitoring claims, state response statutes, attorneys’ fees and more.
Privacy in the Workplace
Privacy laws limit an employer’s ability to obtain, use and disclose particular information throughout the employment process yet they are required to obtain private information at the same time. Our lawyers can counsel employers through privacy and data protection issues and draft privacy policies and procedures.
News & Resources
- Michael P. Hindelang is quoted in the Inside Counsel article “Cyber suits”(November 1, 2015)
- Michael P. Hindelang is quoted in the Property Casualty 360° article “Appeals court upholds FTC authority over data breaches”(August 28, 2015)
- Michael P. Hindelang is quoted in the Legaltech News article “Legal Experts Weigh In On Court Ruling in Favor of FTC Authority Over Data Breaches”(August 26, 2015)
- Michael P. Hindelang is quoted in the Business Insurance article "Cyber insurance claims disputes start heading to court"(May 24, 2015)
- The Legal Issues of Responding to Data Breaches, 2015 North American International Cyber Summit, Detroit, MIOctober 26, 2015
- Identifying and Responding to Data Breaches, Merit Network Security Summit 2015, Ann Arbor, MIOctober 14, 2015
- Anatomy of a Data Breach, Honigman Miller Schwartz and Cohn LLP and N1 Discovery LLC, Detroit, MIJune 25, 2015
- Responding to Cybersecurity Incidents, Midwest Technology Leaders Symposium 2015, Detroit, MIJune 3, 2015
- What Insurance Lawyers Need to Know About Coverage for Data Security Breaches, ExecSense2011
- An ounce of prevention: Attorneys need to be on guard in new cyber world(September 2015)Chicago Lawyer Magazine
- Insurance Coverage for Data Breaches(December 19, 2011)CPA Insider