Network Intrusions and Data Breaches

Perkins Coie’s Privacy & Security attorneys routinely handle security incidents in the United States and around the world. With a team that includes former U.S. Department of Justice (DOJ) national security officials and cybercrime prosecutors, the practice has amassed a significant body of hands-on work in response to network intrusions.

While not every breach involves a type of personal information that requires notification or disclosure, every breach requires attention and an individualized response tailored to the facts and nature of the breach, and an evaluation of how processes can be improved to minimize the risk of future breaches. Features of our service include:

• An efficient approach that includes triaging the initial breach, minimizing legal risk, identifying notification and disclosure obligations, and providing notice to affected individuals, regulators, insurance carriers and others where necessary
• Capabilities to tap into existing relationships with forensics firms, breach notification providers, and law enforcement and infrastructure assurance officials when the size or nature of the breach warrants
• Addressing publicly traded companies' need for disclosures in security filings pursuant to the U.S. Securities and Exchange Commission’s (SEC) guidance on disclosing cybersecurity risks

Perkins Coie's Privacy & Security practice maintains a comprehensive chart that summarizes state laws regarding security breach notification. The chart is for informational purposes only and is intended as an aid in understanding state-specific security breach notification requirements.

Developing Threats and Emerging Legal Requirements

The quantity and sophistication of cyber attacks has grown, and more attempted and completed attacks cause real-world impacts. From ransomware attacks that can halt operations to indictments of actors with the ability to cause potentially catastrophic physical results, malicious cyber activity is no longer just a threat to information. To meet this threat, the U.S. government has enacted legislative and regulatory cybersecurity requirements for critical infrastructure enterprises and other companies—and has emphasized that government efforts alone will not be sufficient to safeguard those assets. Rather, the private sector will have to demonstrate cybersecurity leadership.

Perkins Coie’s Privacy & Security attorneys partner with industry and sector experts to help clients establish and maintain an appropriate cyber defense posture and to satisfy legal requirements for security and incident reporting.

Cyber Enforcement

Our cyber enforcement attorneys work with clients to protect their websites, internet, and mobile services, and keep their users safe from abuse. We advise clients on enforcement strategies that may include referrals to regulatory agencies or law enforcement, as well as filing civil lawsuits against the wrongdoers. Adapting our services to meet client needs, enforcement may mean a single cease-and-desist letter and follow up, to multifaceted, multiyear programs in which a company outsources its enforcement work to our dedicated team of internet enforcement attorneys.