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Data Security Law

Protecting Our Clients, their Customers, and their Data
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Preventing breach of data begins with recognizing the risks and acting to protect data security.

Everyone should be concerned about data security. And, every business should develop, implement, and maintain policies and measures to enhance their data security to protect against a dat breach. In this era of ever-increasing vulnerabilities to cyberattacks, our firm is ready to work with businesses enhance data security and mitigate against potential loss and liability. In developing solid data security, a business should work with attorneys well versed in technology, the use of said technology, networks, data security, and both the applicable core and peripheral laws. Our firm meets each of these criteria.

For more than three decades, our principal attorney has been involved in computer and network technology. From early years building computers and developing his own applications, Charles developed a passion for emerging technologies and, particularly, the ability to hack the computers he purchased. In college, he become involved with unix networks and the growing Internet used primarily among the government and academic institutions.

In graduate school, Charles began to apply his knowledge and love for technology into developing position papers including "The Emerging Real of Electronic Law and Policy" in 1994 and "Cybercourt: A Virtual Resolution of Differences" in 1995. His efforts to combine technology and law led to his co-creation of the Law And Technology Association at Quinnipiac University School of Law and a summer tenure in the Office of Chief Counsel for the National Telecommunications and Information Administration within the US Department of Commerce.

For the last twenty years, he has been heavily involved in technology based law associations. He currently serves as a Board Member for iTechLaw in which he has been a member for more than twenty years. He is a founding member of the Internet Law Leadership Summit. For nearly 15 years, Charles has guided his practice to represent individuals and businesses as they address a myriad of technical and Internet related legal issues, including data breach and data security.

Throughout, Charles has pushed himself to remain at the forefront of new technologies including mobile devices, solar chargers, network applications, and, most recently, AVR, VR, and AR technologies.
Beyond the knowledge and use of diverse technology, Charles also has a sound knowledge of network technology and implementation. While our firm defers to network experts for implementation, development, and management of internal networks, our above-base knowledge of the software and hardware aspects allows our firm to provide heightened advice that correlates with a facilitated understanding and language with our clients' technicians.

With respect to data security, our firm possesses a critical knowledge of the technical and legal aspects to this growing imperative. our firm can provide clients with the core components of data security legal representation: work with clients and their IT personnel to develop and draft sound data security policies; implement and provide training programs for employees; conduct audits and reassessments of cyber threat preparedness; develop a sound data breach response plan; and, work with our clients to respond to data breach incidents.

Beyond providing the core components of data security legal representation to our clients, our firm also integrates the knowledge and experience from other substantive areas into our representation to enhance the advice and counsel our clients receive. Beyond protecting customer data, good data security principles and practice help protect corporate intellectual property assets. Our firm utilizes its knowledge of international privacy principles to ensure that data security policies can - where necessary - withtand foreign scrutiny.

We welcome the opportunity to discuss in further detail our sound and well developed data security practice.

Policies help crystallize a data security program, identify issues, guide employees, and reassure customers.

The development of a solid data security program requires the development and implementation of a robust data security policy.

Prior to creating a data security policy, a data security attorney or law firm must understand its client's business. Through this knowledge, we can better understand the data obtained by our business clients; the use of customer data by our business clients; the need for certain types and form of data; the storage needs relating to such data; the personell who need to access the data; its existing security profile; and, other related aspects.

In essence, the client's customary business practices help guide the development of a data security policy. However, at the same time, our team can identify problematic practices and procedures that should be modified or eliminated altogether. We work closely with our client's key IT and security personnel to work through a policy that will reflect the business operations.
After a policy has been drafted, our firm works with our clients to develop the policy. While one may consider drafting and development to be the same, we view them as two distinct practice aspects. Drafting the policy puts it onto paper. The development of the policy constitutes the transition of the policy from paper to implementation. This may involved discussions with key personnel outside the IT department. We also include other proprietary aspects to the development of our client's policies.

After development of the policy, we work with the business entity to implement the policy. This may involve some time. At the end, the policy must reflect the workflow of the business, and the business workflow must reflect the policy.

Implementation of data security policies requires cooperation of the entire business team.

Our team works closely with our clients to train its employees on data security policies.
Mudd Law can offer a variety of training packages for our business clients.

Effective implementation of a data security policy necessitates periodic audits and review.

To ensure continued compliance with its data security policies, a business must evaluate and re-evaluate on a regular basis. By doing so, a business enhances its data security protection and due diligence.

Beyond regular audits, our firm can work closely with our clients and their IT departments to complete audits based on NIST standards for data security audits.

An effective response to a data breach incident begins significantly prior to the breach.

Of course, any complete data security policy must encompass a data breach response plan. In this context, our data security lawyers work with our clients to develop a data breach response plan in the context of drafting, developing, and implementing a data security policy.

What happens if a breach occurs without a data security policy or breach response plan? A business must obtain quick access to sound legal advice from attorneys and lawyers knowledgeable of data security issues.
To begin with, a business must be able to identify a breach has occurred. Has it received notice? Has there been bandwidth anomalies? Deletion of content? Once the breach has been identified, the business must also identify how the breach occurred and close vulnerabilities.

A business must also assess the harm to customer data. What inforation has been obtained? How damaging will it be? Has corporate IP been obtained?

Following an assessment of the harm, the business must consider the public relations aspects. To some, a response might suggest denial. This can lead to more significant issues. Apart from misrepresentation and poor public relations, it does not enable the potential individual victims to adopt such measures that might mitigate harm.

At the same time, an announcement of a data breach that has not been well thought out could cause irreparable corporate harm, deletion of key evidence, cause panic, and any number of other adverse consequences.

Based on the foregoing, a deliberated announcement must be prepared and timed to effectuate the bests interests of the business and its customers.

Why Choose Us?

Innovative

Our team works diligently to develop creative solutions to our clients' litigation matters.

Diligent

We work tirelessly on behalf of our clients and their interests.

Communicative

We welcome our clients' communications and involvement in the litigation process.

Strategic

We invest in understanding our clients to combine this knowledge with legal experience to plan strategically.

Dynamic

We can adapt to changing circumstances.