Privacy and Data Breach Protection Class Action Defense

Steptoe’s Cybersecurity, Privacy & National Security practice helps companies assess their preparedness for the event of a data breach with our own Data Breach Toolkit, but in the event of a breach, our team’s extensive government and law enforcement experience makes us adept at investigating breaches and coordinating the company’s engagement with law enforcement and with both federal and state regulators. We have handled incidents for companies in a variety of industries, from financial services, to management consulting, and healthcare. Recognizing the exposure of customer information that follows a data breach has led to the rise of litigation, including class actions, Steptoe strategically guides clients through the critical moments from the first discovery of a breach through remediation and response, with an eye on mitigating liability and avoiding class actions.

However, in the event a class action is filed, our team, with hands-on experience obtained through numerous breach responses, collaborates with our litigators’ proven defense tactics. Therefore, our litigators have the advantage of understanding the case inside and out from its inception and act as trusted advisors to our clients throughout class action defense proceedings.

Representative Matters

  • Successful representation of Motorola, Inc., against claims arising from theft of laptop containing protected information.
  • Successful representation of several retailers in litigation with financial institutions over credit card charges paid for customers following unauthorized penetration of the retailers/banks payment flows.
  • Internal investigation and defense of Ralph Lauren Corporation against various claims following data breach of its servers.
  • Successful defense with investigating agencies and in civil litigation of several advertising agencies and their internet retailer clients over spoofing websites set up to capture credit card information, including takedown notices, preliminary and permanent injunction litigation to put spoofers out of business.
  • Successful defense of Toys "R" Us in FACTA class action litigation (largest consumer class action in the country when brought).

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