Data Privacy and Cyber Security

The growing prevalence of data breaches and evolving federal and state regulatory obligations are fundamentally changing the way information is obtained, exchanged and disseminated in today’s marketplace. Organizations face unprecedented challenges in managing privacy and cybersecurity risks and it is critical for businesses to have a sophisticated understanding and awareness of these concerns to effectively compete in today’s economy. Thompson Coe’s attorneys provide competent and qualified counsel to clients in areas of data breach/loss prevention, data transfer protocol, information security practices, regulatory compliance, and response plans and litigation support to clients affected by data breaches. Additionally, one of our attorneys is a Certified Information Privacy Professionals through the International Association of Privacy Professionals, which is accredited by the American National Standards Institute (ANSI) under the International Organization for Standardization's (ISO) standard 17024.

Data Breach and Data Loss Prevention
Several states now require institutions to maintain data breach response plans and impose penalties for failure to properly maintain and protect personally identifiable information. Thompson Coe works with its clients to ensure they employ cost-efficient solutions to comply with applicable federal and state guidelines without sacrificing efficiency or existing business practices.

Data Transfer Protocol & Information Security Practices
Thompson Coe counsels its clients to develop custom policies and procedures for the internal use of sensitive information regarding their clients’ practices and controls for sharing and disseminating information among U.S. business enterprises, both within the United States and across geographic boundaries. Thompson Coe advises on concerns with data inventory, classification, data flows, and accountability.

Regulatory Compliance
The United States’ sectoral-approach to data privacy creates a patchwork of overlapping state and federal regulations in areas of medicine, finance, education, telecommunications, marketing, children’s privacy rights, and workplace privacy. Thompson Coe has the knowledge and experience necessary to ensure clients comply with their state and federal obligations to secure protected information, establish proper dissemination protocol, and adhere to necessary reporting requirements to civil and law enforcement agencies.

Data Breach Response and Litigation Support
Thompson Coe is prepared to represent clients in the assessment, investigation and litigation of matters arising from information security and data breach incidents. A single data breach may implicate multiple privacy areas and trigger state and/or federal reporting. To ensure our clients minimize the size and exposure of any breach, we assist our clients with every aspect of an information security event, including assessment, forensic analysis, notice to appropriate parties and authorities, and subsequent litigation to either prosecute or defend data breach claims.

Cyber Liability Insurance Coverage
Thompson Coe’s knowledge and ability regarding cyber claims extends to its renowned insurance practice: Thompson Coe is one of the few Texas law firms with the knowledge and experience to represent insurers in coverage matters relating to cyber liability claims. Whether an insurer writes its own cyber product or a traditional policy is at issue, our attorneys solve our clients’ legal problems, and advise them in the novel issues arising in claims involving technology, data privacy, and information security. Thompson Coe also represents a number of clients in litigation and pre-suit disputes involving coverage issues arising from a data breach.

Cyber risks present unique challenges for the insurer because of the breadth and intangible nature of the risk, and the novel legal issues. Our attorneys have a detailed understanding of cyber risks: from the underwriting process, to the data-breach event, to the eventual claims, which uniquely equips us to advise insurers in claims analysis, claims monitoring, litigation, mediation and arbitration involving the vast and complex coverage issues arising under cyber insurance policies and traditional liability policies.