Business and Commercial

Data Privacy and Cyber Security

Thompson Coe’s Data Privacy and Cyber Security attorneys are an interdisciplinary team uniquely equipped to represent clients with respect to privacy law and data breaches, and insurers facing the resulting claims.  Whether a business has suffered a data breach or is taking pro-active steps to avoid one, Thompson Coe’s privacy team represents clients in areas of data breach and loss prevention, data transfer protocol, information security practices, regulatory compliance, response plans and litigation support.  As a long-standing leader in insurance litigation and coverage, Thompson Coe attorneys also have the skill and experience to represent insurers responding to claims involving data and privacy breaches.

One of our attorneys is a Certified Information Privacy Professional through the International Association of Privacy Professionals, which is accredited by the American National Standards Institute (ANSI) under the International Organization for Standardization (ISO) standard 17024, and additional attorneys are pursuing certification for summer 2019.

Data Breach and Data Loss Prevention
Thompson Coe works with its clients to ensure they employ cost-efficient solutions to comply with applicable federal and state guidelines in maintaining data breach response plans and protecting personally identifiable information 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 also advises its clients regarding data inventory, classification, data flows, and accountability.

Regulatory Compliance
The United States’ sectoral-approach to data privacy creates a myriad of overlapping state and federal regulations in the areas of healthcare, finance, education, telecommunications, marketing, children’s privacy rights, and workplace privacy. Thompson Coe has the knowledge and experience necessary to ensure that 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 ready to represent its clients in the assessment, investigation and litigation of risks 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 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. 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 Thompson Coe to advise insurers in claims analysis, claims monitoring, litigation, mediation, arbitration and trial involving the vast and complex coverage issues arising under cyber insurance policies and traditional liability policies.