Our Information and Business Technology lawyers deal with digital information, technology, and the law.
We understand that a company’s data is a critical asset and an invaluable part of everyday life. Our lawyers help clients navigate and understand the ever-increasing role that technology plays and strategically leverage and protect your company’s critical information and technology.
Digital Transformation and Development
In an era of increasing level of complexity with respect to vendor/customer relationships, we support our clients’ migration from on premise to outsourced services and data storage in the form of software and other “as a service” agreements. We assess risk and commercial viability of service level agreements to ensure business continuity and critical disaster recovery capabilities. We also assist in the coordination of multiple vendor relationships and underlying agreements to appropriately apportion security and fault-tolerance responsibilities, warranties and indemnifications.
Data Security and Privacy
We counsel our clients regarding the development and implementation of data security and privacy policies, both internal and outward facing. As with contracts between parties, the details regarding disclosure of responsibility for data custody and establishment of commercially reasonable standards are a central focus. Our group has strong experience with respect to compliance with rapidly developing privacy laws, such as the GDPR and California’s CCPA, including assessment of operational standards and practices and their reduction to documented policies, terms and conditions.
We support our Corporate practice in due diligence and drafting of critical transaction documents. We assist in translating vendor and customer agreements into risk assessments and remediation strategies as well as respond to the increasing need for more extensive review of IT contract obligations, representations, warranties and indemnifications, particularly with respect to data security and use limitations. Our technical expertise permits us to interpret risk and assess competing interests of both buyers and sellers.
When a breach occurs, we counsel clients and direct the forensic investigation of the root cause, the data that is potentially and actually exposed, and remediation of the breach. We work together with clients and insurers on remediation, adherence to legal obligations, and coordinating communication with the appropriate agencies and individuals involved. Our experience with post-breach remediation also informs our counseling of clients with respect to pre-breach assessments and negotiation of agreements, policies and disaster recovery procedures.
Managed IT Services
We have a significant level of experience representing clients in this particular industry vertical. Their needs mirror clients undergoing digital transformation but with a focus on limitation of liability and careful drafting of representations, warranties and statements of work.
Commercial insurance plays an important role in a company’s overall digital and technology strategy. Our lawyers have experience with data and cyber insurance policies, when those policies might be triggered, and have the relationships needed to make sure a company has access to adequate and available insurance protection.