A data breach is a fast-moving legal problem wearing a technical costume, and the first hours shape everything that comes after. You need to contain the incident, figure out what happened, meet notification deadlines that vary by state and sector, and prepare for the regulators and plaintiffs who tend to follow. We step in as breach counsel to coordinate that response under privilege and keep the legal exposure from compounding the technical one.
Managing The Incident
When an incident hits, we help you respond in a way that protects both your systems and your legal position. We coordinate the forensic investigation, direct it under attorney-client privilege so sensitive findings stay protected, guide evidence preservation, support containment of ongoing exposure, and manage internal and external communications. Our technical background means we can actually follow the forensics and ask the questions that matter rather than relaying them blind.
Meeting Notification Deadlines
Every U.S. state has its own breach notification law, and timelines, triggers, and content requirements differ, with sector rules like HIPAA layered on top. We analyze which laws apply to the data and the people affected, determine what notice each requires and by when, and draft and manage the notifications to individuals, regulators, and other required parties so you hit the deadlines without overreporting or underreporting.
Handling Regulators
A significant breach usually draws regulatory attention, often from multiple directions at once. We manage inquiries and investigations from state attorneys general, the FTC, HHS, and other regulators, controlling what gets produced and how the facts are presented. The goal is a coordinated, consistent response that resolves the inquiry and limits your exposure rather than feeding it new material.
Defending Breach Litigation
Breaches routinely generate class actions and individual suits, frequently before the full picture of the incident is even clear. We defend that litigation from the start, challenging plaintiffs' standing where the alleged harm is speculative, opposing class certification, and attacking the damages theories that drive settlement pressure. Decisions made during the response phase directly affect this fight, which is why having the same counsel across both pays off.