wilsonelser.com
Wilson Elser Commercial Services

Data Breach Litigation

Sometimes litigation results from a data breach.  Most often, litigation is instituted as a class action on behalf of individuals potentially impacted by a data breach.  The suits claim violation of state and federal laws, as well as negligent failure to adequately protect personal identifying data.  The suits sometimes claim breach of contract, where websites or documents promise to keep personal information secure.  Violations of consumer protection laws also are claimed. 

 
Our knowledge in this area can make a meaningful difference in the time needed to resolve litigation, as well as its outcome.  Plaintiffs’ counsel seek certain factors when determining whether or not to take a data breach claimant as a client.  We know how to minimize the likelihood that plaintiffs’ counsel will find your company’s data breach attractive as a litigation target.  If litigation is instituted, we know the steps to take to structure the litigation to increase the likelihood of obtaining quick, favorable results.  When litigation cannot be resolved quickly on fair terms, we know how to prepare the case to win.  Our team includes deep experience in data breach litigation, computer forensics, class actions, e-discovery, and alternative dispute resolution, as well as relevant substantive know-how across a variety of commercial and professional operations.