Troutman Pepper has formalized an Incidents + Investigations Team that caters to a growing need for comprehensive legal services around data breaches and cybersecurity incidents. Comprising attorneys from coast-to-coast, the team offers clients 24/7 support in this critical area.
“The team tackles the legal, security, and communication challenges that companies encounter during a data or cybersecurity incident,” said Partner Sadia Mirza, co-leader of the Incidents + Investigations Team.
“What sets us apart is our level of expertise in highly regulated industries, our proficiency in assisting companies through all stages of the incident response process, and our unique communication approach,” Mirza said. “Despite having a technically sound response, businesses may face complications if they lack effective communication skills. Our team emphasizes the importance of effective communication to ensure clients maintain control of their narrative, thereby reducing potential litigation and investigation risks, and minimizing any adverse impact on their brand, reputation, and operations.”
In 2023, the number of data compromises reported in the United States hit an all-time high with more than 3,200, according to the Identity Theft Resource Center. Many are predicting 2024 to surpass the record-setting numbers.
“Not only are data incidents on the rise, but when large and complex incidents occur, the regulatory landscape can be complicated. With different regulators playing different roles – from Health and Human Services Office for Civil Rights (HHS-OCR), the Securities and Exchange Commission (SEC), and the Federal Trade Commission (FTC) at the federal level, to State Attorneys General and various state agencies at the state level – it can become quite complex for a company to navigate. Our team simplifies things,” said Partner Stephen Piepgrass, co-leader of the Incidents + Investigations Team.
“The incidents and investigations-focused task force directly complements our Privacy + Cyber practice,” said Privacy + Cyber co-leader Ron Raether. “We provide clients a collaborative, 360-degree approach, extending the range of privacy and cyber services traditionally offered by law firms by leveraging our broad and global expertise in key areas.”
The Incidents + Investigations Team serves clients across industries, engaging vendors to conduct a forensic investigation, coordinating initial crisis management communications, interfacing with law enforcement and regulators, advising on regulatory compliance issues, and assessing and complying with state and federal notification requirements and data governance standards. Taking an innovative approach, the Team comprises experienced lawyers as well as leading security experts from industry and consulting to provide integrated advice beyond what is typically offered by other firms.
“We also are focused on counseling clients before an incident occurs, conducting tabletop exercises and reviewing incident response plans to ensure efficacy and compliance,” Mirza said. “Most clients have historically leveraged third-party IT or forensic firms to assist with these tasks. The reality is that during an incident response, legal and forensics must collaborate and work together. We must transition from viewing incidents solely as security issues and actively involve legal and external counsel, even in the planning phases, to ensure a seamless response. This is true especially in light of the new SEC reporting requirements. These rules mandate a collaborative approach among business, legal, and security teams not only before and during an incident, but also in its aftermath.”
“Should the worst occur, we draw on a deep and experienced bench in regulatory enforcement and litigation,” added Piepgrass.
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