Phoenix Cybersecurity and Data Breach Lawyers Protect the Confidentiality of Clients’ Electronic Records

Arizona advocates defend businesses in litigation arising from data breaches

Many businesses have become dependent on e-commerce, which requires them to acquire customer and credit-card information on the web. This date is usually maintained on computers accessible from the web. Even brick-and-mortar stores rely on computers to maintain their records. Unfortunately, those records are vulnerable to attack from hackers. At Law Offices of Donald W. Hudspeth P.C., we will work with your business to protect you from data breaches and their consequences.

Knowledgeable attorneys advise on laws enacted to safeguard information

Both Congress and the Arizona Legislature have tried to address concerns about data breaches by enacting a series of statutes, including:

• HIPAA — The federal Health Insurance Portability and Accountability Act sets privacy standards for patients’ medical records and other health information, whether or not they are in paper or electronic form. It applies to any business with access to health records, such as hospitals, healthcare providers, insurers and patients’ employers.
• HITECH — The federal Health Information Technology for Economic and Clinical Health Act strengthens HIPAA controls as they relate to digital media.
• Gramm–Leach–Bliley Act — The Financial Services Modernization Act of 1999, as it is also known, is a federal law requiring that banks and other financial firms protect their customers’ data.
• Fair Credit Reporting Act — This federal law helps victims of identity theft protect their credit scores.
• Arizona Data Breach Notification Law — This law requires any person or entity doing business in Arizona to notify state residents of any data breaches involving their personal information.

We help businesses review their existing policies and practices so they can stay on the right side of these laws and avoid harming their customers. When warranted, our firm assists with the development of effective internal procedures and the training of employees. Our measures help make it more likely that our clients will avoid breaches and will respond promptly and effectively in the event of a breach.

How we help your business with data breach litigation

Data breaches can result in complex and costly litigation initiated by angry customers or others who have been harmed. This could include lawsuits filed by individual parties or putative class actions brought on behalf of large groups of ostensible data breach victims. Plaintiffs might allege statutory violations, breach of contract and tortious misconduct such as negligence and invasion of privacy. We don’t need to wait for the litigation; as soon as the breach occurs, we can open an investigation to find out the cause and prepare for potential litigation. If a lawsuit is filed, we are accomplished litigators who will work diligently to achieve the best result possible. Depending on the circumstances, we can seek to dismiss or limit the scope of the claims by raising such issues as the plaintiffs’ standing to sue, the existence of a claim upon which relief can be granted, whether damages are legally cognizable and whether class certification is appropriate. We will also assert any defenses you might have by lining up expert testimony and other key evidence to support your position. If we can’t negotiate a suitable settlement, our firm will advocate effectively for your business at trial.

Contact a dedicated Phoenix law firm for advice on cybersecurity and data breach issues

Law Offices of Donald W. Hudspeth P.C. takes a practical approach to helping Arizona businesses prevent and address data breaches. To schedule a consultation, call our Phoenix firm today at 866-696-2033 or contact us online.