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Cyber Attack Lawsuit and Litigation Planning For the Breach
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Cyber Security Lawyer H. Scott Aalsberg, Esq.
Services Offered
| The Costs of Not Defending Your Data |
- Personal Liability
- Criminal Liability
- Corporate Liability
- Civil Fines and Costs
- Criminal Fines
- High Legal Bills
- Data Loss
- Website Loss
- Business Disruption
- Insurance Cancellation
- Loss of Consumer Trust
Copyright 2021 H. Scott Aalsberg, Esq., P.C. All Rights Reserved The NJ Cyber Security Lawyer
Litigation and Lawsuit Planning
For a Data Breach Caused by a Cyber Attack:
For a Data Breach Caused by a Cyber Attack:
If your data has been breached you will in most cases find yourself the recipient of a
lawsuit. Not only is your company responsible but you could even be personally
liable for damages to the breached party. If you had the responsibility to prevent an
attack or managed the systems attacked you are one of the parties on the hook.
Today it is not only the companies that are being sued but also the individuals from
the president down to the operations managers and anyone else who is or should
have been responsible for preventing the breach.
Smart Planning before a breach allows an Internet Cybersecurity lawyer to
assemble a team of professionals under the protections offered under the legal
protections of privilege meaning that your security protocols could be protected and
not discoverable in a future lawsuit. Outside security specialists that really know
data security can be assembled from auditing firms to specialized outside
information security consultants ready to jump in the moment a breach is discovered
lowering your liability but also lowering your costs of a breach exponentially.
lawsuit. Not only is your company responsible but you could even be personally
liable for damages to the breached party. If you had the responsibility to prevent an
attack or managed the systems attacked you are one of the parties on the hook.
Today it is not only the companies that are being sued but also the individuals from
the president down to the operations managers and anyone else who is or should
have been responsible for preventing the breach.
Smart Planning before a breach allows an Internet Cybersecurity lawyer to
assemble a team of professionals under the protections offered under the legal
protections of privilege meaning that your security protocols could be protected and
not discoverable in a future lawsuit. Outside security specialists that really know
data security can be assembled from auditing firms to specialized outside
information security consultants ready to jump in the moment a breach is discovered
lowering your liability but also lowering your costs of a breach exponentially.
What Constitutes a Breach Imposing Liability
Any breach can be the subject of a lawsuit and plaintiffs are eager to test the law and
have filed lawsuits for damages that haven't even occurred or may never occur.
These suits even if eventually dismissed can cost you or your company millions of
dollars to defend. However, the largest suits and the ones which have had the
largest payouts are the ones in which the breached party can show that the leak of
the information has caused them some harm. Generally a mere increased risk of
identity theft resulting from a security breach has been held insufficient to confer
liability. (See Reily vs Ceridian Corporation) Thus, a suit against Horizon Blue
Cross and Blue Shield in 2015 was dismissed because the court found that a mere
theft of two laptop computers containing member data that had not been disclosed
or subject to theft was not an actionable suit. Accordingly, the rule appears to be so
long as no data can be proven to be used or disclosed to other parties the breached
party may be safe from civil liability. The problem is most breaches do result in harm
to the class harmed and thus most companies have had to expend large amounts of
capital in defense of data breach lawsuits. Furthermore corporations are not just
subject to civil consumber liability but also criminal and government agency fines.
have filed lawsuits for damages that haven't even occurred or may never occur.
These suits even if eventually dismissed can cost you or your company millions of
dollars to defend. However, the largest suits and the ones which have had the
largest payouts are the ones in which the breached party can show that the leak of
the information has caused them some harm. Generally a mere increased risk of
identity theft resulting from a security breach has been held insufficient to confer
liability. (See Reily vs Ceridian Corporation) Thus, a suit against Horizon Blue
Cross and Blue Shield in 2015 was dismissed because the court found that a mere
theft of two laptop computers containing member data that had not been disclosed
or subject to theft was not an actionable suit. Accordingly, the rule appears to be so
long as no data can be proven to be used or disclosed to other parties the breached
party may be safe from civil liability. The problem is most breaches do result in harm
to the class harmed and thus most companies have had to expend large amounts of
capital in defense of data breach lawsuits. Furthermore corporations are not just
subject to civil consumber liability but also criminal and government agency fines.
How To Limit Your and Your Companies Liability:
- Perform Quarterly Security Reviews
- Have outside vendors test your
systems - Make sure you are using the latest
security software and hardware
controls - Have a written response plan if a
breach does occur
- Retain an Experienced Cyber Security
Lawyer to Review Your Security Risks - Purchase and Review Your Breach
Insurance Policies - Limit access to sensitive information
to only those that need to know - Provide all employees with security
training and safety protocols
Why You Need Attorney H. Scott Aalsberg, Esq., To Limit
Your Liability in a Data Breach:
Your Liability in a Data Breach:
You cannot fully protect against a cyber attack, malware infection, or APT.
But you can prevent most with proper analysis, review and damage control
policies set in place. Attorney H. Scott Aalsberg can help you avoid criminal
penalties and or massive civil penalties in regards to how you protect your
data with proper data security risk management. Call now and learn how we
can help you prevent and or limit your liability should you face an attack.
But you can prevent most with proper analysis, review and damage control
policies set in place. Attorney H. Scott Aalsberg can help you avoid criminal
penalties and or massive civil penalties in regards to how you protect your
data with proper data security risk management. Call now and learn how we
can help you prevent and or limit your liability should you face an attack.
| Low Cost $250.00 Consultation 732 257 5040 |
| Data Defense Review Insurance Review Cyber Penetration Policy Review Data Vulnerability Policy Review Criminal and Civil Legal Defense Cyber Insurance Claim Review Media & Public Damage Control Damage Control For Breaches Breach Protocols Best Practices Review Privacy Impact Assessments Internet and Website Disclaimers Terms of Use Agreements Employee Training for Breaches Corporate Criminal Legal Defense Speaking Engagements Corporate Educational Seminars |
H. Scott Aalsberg, Esq., P.C.
The Business, Internet, Data Defense and Cyber Attack Risk Management Lawyer
G-10 Brier HIll Court, East Brunswick, NJ 08816
1028 Route #23 North, Wayne, NJ 07470
(732) 257 5040
The Business, Internet, Data Defense and Cyber Attack Risk Management Lawyer
G-10 Brier HIll Court, East Brunswick, NJ 08816
1028 Route #23 North, Wayne, NJ 07470
(732) 257 5040