“As the stage is set for the first major debate over federal legislation, two basic issues emerge for attorneys and clients alike. First and foremost, what exactly is a data breach? Second, what is the current legal framework through which we litigate in the aftermath of a cyberattack?”
In this article co-authored by James M. Paulino II, an attorney in Goldberg Segalla’s Cyber Risk and Social Media Practice Group, the authors examine fundamental concepts on both the technical and legal sides of this vital issue to help companies and their counsel face the growing threat of data breaches head-on.
This comprehensive article explores various classifications of data breaches and the types of evidence left behind, steps to be prepared to respond quickly in the event of a breach, the current patchwork of applicable state and federal laws, case studies of recent high-profile breaches, and what lies ahead.