Cybersecurity & Privacy Protection

Elkins, P.L.C. assists clients in the anticipation, preparation and attention to cybersecurity risks and the associated business and legal responsibilities, consequences and responses, providing particular emphasis on and attention to:

Anticipation and Response to Security Breaches. Systems and data review and assessment, with emphasis on potential risks, threats and vulnerabilities they face with respect to proprietary and personal data assets. Drafting appropriate information security plans and programing necessary response plans to address potential breaches. Advising clients with respect to strategic communications, formation, composition and duties of incident response personnel, and response coordination with outside governmental and law enforcement agencies.

Corporate Organization and Structures. Advice and guidance to corporate management with respect to establishment of cybersecurity systems and mechanisms, including training, reporting and response mechanisms.Assistance in the drafting and adoption of written policies, security objectives, controls, and procedures.

Third-Party Contracting and Data Exchanges. Identification and assessment of the risks arising out of existing business relationships, including third-party vendors, suppliers, and customers, and mitigation of the associated risk.Cybersecurity concerns relative to outsourcing and “Cloud” technology. Confidential data transfer protections, including international dealings with respect to establishment of cybersecurity systems and mechanisms, including training, reporting and response in Europe, Australia, and the Americas.

Agency Compliance and Response. Advice regarding applicable agency jurisdiction and regulatory matters, including compliance guidelines and standards and regulatory response requirements.

Litigation. Representation and defense of clients with respect to security breach incidents, including theft, loss or destruction of client, customer, vendor, contractor or employee information. Litigating cutting-edge data privacy and cybersecurity issues in the highest courts. Coordinating responses to agency investigative and enforcement actions, proceedings, administrative adjudications and any resulting judicial proceedings.