Cyber Security & Data Privacy

Peckar & Abramson represents its clients – including General Contractors, Construction Managers and others across the Construction Industry as well as clients from all business disciplines – as they face the daily challenges presented by the complexities of Cyber Security, Information Integrity, and Data Privacy. Whether preparing policies and procedures or responding to an incident, P&A’s seasoned advisors provide guidance based on our deep understanding of our clients’ business and the legal issues concerning cyber security and data privacy, the technologies employed by construction businesses, and the importance of maintaining privacy and security to our clients’ daily and long-term operations. Before an incident ever occurs, in response to a breach, or in the aftermath, we help our clients move forward and get back to business.

Experience

Lawyers in P&A’s Cyber Security and Data Privacy practice continuously monitor and advise our clients on existing and developing data privacy laws in the U.S. and abroad. We leverage our strategic relationships with technology forensics firms, as well as insurers providing cyber insurance coverage, often advising clients and collaborating with these firms when obtaining and revising insurance coverage. We engage with top-tier forensics firms whenever necessary to facilitate incident investigations and response, maintaining the attorney-client privilege throughout the entire process.

P&A’s understanding of the construction industry – including a deep and thorough comprehension of nearly all technologies commonly used across our clients’ businesses – enables P&A to efficiently solve problems, even before our clients ever encounter an event. We work with some of the largest builders in the industry to swiftly create pre-event compliance and post-event procedural policies, provide training, and create incident response plans. When events do occur, we are engaged in incident investigations, and, when necessary, litigation that follows significant breaches and other events.

Services

Policies & Procedures – Development, Implementation and Training. Peckar & Abramson attorneys create client- and industry-specific Cyber Security and Data Privacy policies and procedures, develop and present training modules for our clients’ staff, and conduct specific training for client field personnel to reduce the risk of clients exposing their firms and personnel to various viruses and malware.

Breach Coaching and Crisis Advisory Services. P&A attorneys counsel clients during and following a breach event, and provide crisis management advice and assistance with crisis communications, both internally across an organization, and, when necessary, externally. We have provided direction to our clients’ senior leadership following significant events, which has helped to avoid or mitigate potential (and costly) litigation and enabled our clients to avoid unnecessary public scrutiny.

Regulatory Response. Cyber Security, Information Integrity, and Data Privacy are the subject of comprehensive laws and regulations on the federal, state, and local levels as well as internationally.  Cyber security matters are a matter of increased civil – and even criminal – regulatory initiative and focus in the U.S. and around the world.  P&A attorneys are expert in advising clients in advance of any incident on adopting policies and procedures specifically tailored to the client to address this regulatory environment.  Moreover, following a breach or other event, P&A works with our clients to mitigate their exposure and facilitate reporting to, and/or cooperating with, regulatory agencies, as required and/or advisable.

Contracts/Federal Government Contracts. P&A’s Contracts, Project Documentation and Risk Management attorneys, along with our Government Contracts team, are adept at ensuring our clients are protected as they engage with public and private owners and subcontractors in projects and are able to advise clients concerning liability related to the Internet of Things (IoT) in connection with buildings, infrastructure, and systems that are increasingly vulnerable to attack.

Litigation. P&A represents our clients on all matters in a fashion dedicated to minimize the risk of potential and costly litigation, and Cyber Security, Information Integrity, and Data Privacy issues are no exception.  P&A attorneys approach cyber security concerns of clients with the need to protect the client from any litigation concerns proactively considered.  And, should any litigation concern become a reality confronting the client, P&A is prepared to handle any litigation matter arising out of any incident or breach.

Securities Litigation and Class Actions. Working alongside P&A’s White Collar Criminal Defense, Complex Civil Litigation, and Regulatory Risk Management Practices, P&A is well-positioned to respond to any securities litigation (public or private) and/or class action litigation that could arise from a security event or breach.

We proactively work with our general contractor, construction manager and other clients to put in place policies, procedures, training programs, and insurance to help them better prepare for, and manage, a cyber security attack.
-Richard Volack

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