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The lawyers of Zarwin Baum DeVito Kaplan Schaer Toddy do not merely practice law, we serve clients with high-level legal representation in order to meet and exceed their goals. Each attorney's extensive experience helps our team focus on more than legal matters. We share business solutions. The following are some of the industries in which Zarwin Baum has achieved particularly outstanding results for its clients:
  • Banking
  • Construction
  • Energy
  • Financial Services
  • Hospitality
  • Insurance
  • Manufacturing
  • Real Estate
  • Surety
  • Telecommunications
  • Trucking

Cyber Liability, Privacy and Data Security

Cyber liability and data privacy are critically important, as cyber-crime and data privacy breaches increasingly create liability for businesses of all sizes. Zarwin Baum’s cyber liability practice is focused on the growing risks and rapidly evolving liability exposures associated with the security and storage of PII, PHI, PCI and proprietary information data. Our privacy attorneys are prepared to handle disputes arising from cyber risks and privacy breaches for a diverse group of industries including technology, retail, healthcare, financial, banking, insurance and education.

We support clients before and after a data breach, identifying and advising on strategies that address and minimize potential legal liabilities and protect the client’s reputation in a cost-effective manner.  Through preemptive consulting including privacy and security assessments, our attorneys work with clients to develop data privacy best practices and incident response plans to minimize the risk of a data breach and put the client in the best position to respond when a breach occurs. To help minimize a client’s potential legal exposure, we assist with the creation of applicable internal policies and procedures, employee training and can guide the purchase of cyber insurance coverage. 

A complete understanding of a client’s insurance program is vital to maximizing protection against cyber risk. Considering the adequacy of existing insurance programs, analyzing new insurance products, and drafting and negotiating cyber insurance policy placements, our attorneys are skilled in guiding the purchase of insurance coverage for various types of cyber risks. When necessary, we will monitor cyber claims and represent clients in coverage litigation.

Zarwin Baum’s Breach Response Team

A prompt and well planned breach response is essential when cyber-attacks occur. Zarwin Baum’s Breach Response Team is positioned to immediately respond to time-sensitive situations with a 24/7 incident response service to meet a client’s urgent needs.

Using cyber forensic investigators and experts to conduct forensic analyses to help determine the cause of the breach and identify the data at risk, the Breach Response Team provides rapid and comprehensive incident response to help minimize exposure and mitigate the number of regulatory and litigation related problems that may arise.  These results determine the scope of a breach and determine what steps are required to comply with individual state security breach notification laws and minimize additional data intrusion. The team works with the client to implement the appropriate protective steps to coordinate breach notification to affected individuals. This includes assisting the client in their efforts to ensure compliance with obligations under a wide variety of consumer and data protection laws, including the Health Insurance Portability and Accountability Act (HIPAA), Sarbanes-Oxley Act of 2002, Gramm-Leach-Bliley Act (GLBA), and the 2009 Health Information Technology for Economic and Clinical Health Act (HITECH).  In addition, our team will assist with the preparation of a crisis communications designed to inform the public and to protect the client’s brand.

Areas of Expertise
Compliance with state, federal and data privacy laws
Development of client-specific policies to manage emerging risks
Data breach incident and response notification
Data privacy risk assessments
Management of insurance coverage matters
HIPAA/HITECH violations responses
 

For more information, please contact Theodore M. Schaer, Lisa Z. Slotkin or any of the practice members referenced in the Attorney Listing.


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