Cybersecurity

Cybersecurity is an increasingly important area of concern for businesses, state and local governmental bodies and not-for-profit organizations in today’s world. Our cybersecurity team consists of attorneys whose specializations span the vast array of legal fields intersecting with cybersecurity law, including litigation, corporate and other transactions, and corporate and not-for-profit governance. 

Litigation

When a data breach arises, Wilk Auslander’s seasoned attorneys will work with expert information technology consultants to determine the root cause of the breach, and provide counsel on preventative measures and a legally appropriate response aimed towards litigation avoidance. In many instances, however, litigation arising from a breach is unavoidable and may encompass various claims, including without limit: breaches of fiduciary duty, unfair competition, misappropriation of trade secrets, fraud, conversion, professional malpractice, or violations of the Computer Fraud and Abuse Act. Whenever necessary, our team of litigators will work to prosecute or defend all such civil claims arising from cybersecurity breaches. 

Corporate / Transactional

More frequently, we are seeing cybersecurity issues arise in the transactional context, ranging from mergers and acquisitions in which the parties require cybersecurity-related covenants, representations and warranties, and indemnity provisions to contracts requiring special provisions relating to cybersecurity issues (including without limitation vendor contracts, warehouse-fulfillment contracts, supply contracts, work order contracts, non-disclosure agreements, etc.). In each instance, our corporate attorneys are equipped to counsel businesses and other organizations as to the drafting of such provisions, and advise on the ever-expanding laws, regulations and best practices in the cybersecurity field as they relate to the preparation of corporate and other documents and the consummation of transactions. 

Corporate Governance

In today’s world, there is a clear intersection between corporate governance and cybersecurity. Boards of companies and not-for-profit organizations of all sizes should be incorporating cybersecurity issues into their agendas at least several times per year. Cybersecurity poses an array of complex legal questions for board directors, such as whether, when and how to disclose a cybersecurity breach or threat, and what the content of any such disclosure should consist of. When our clients are confronted with such situations, our approach is to put together an interdisciplinary team of attorneys to provide counsel on our recommended approach in view of emerging law, rules, regulations and best practices, always with an eye towards litigation avoidance.