Data Privacy & Cybersecurity

Compliance planning before the need arises is a must. After an incident, a swift response is critical, and a strong litigation team is a necessary bulwark against possible lawsuits. Post & Schell, P.C.’s Data Privacy & Cybersecurity Practice Group brings essential regulatory and litigation experience and knowledge to advising and defending clients in this critical area.

Our Group is Co-Chaired by:

• Steve J. Fox: A national authority on information technology, e-commerce, privacy/security issues (including HIPAA), and health care information.
• Abraham J. Rein: Mr. Rein has a unique understanding of the intersection of technology and the law, combined with considerable experience in related government compliance and self-disclosures, and the sometimes criminal issues that arise from data breaches. 

The Group’s attorneys include counsel well-versed in privacy/security, intellectual property, and employment law issues, former federal prosecutors who have both prosecuted and defended identity theft and hacking cases, and seasoned advocates with a record of success at all trial and appellate levels, including in the United States Supreme Court. The Group’s attorneys also have extensive experience with federal and state enforcement agencies, including the Department of Justice, the Offices of Inspector General for the Departments of Health & Human Services, Defense, Transportation and Labor, SEC, FINRA, FBI, IRS, Postal Inspection Service, Pennsylvania Department of Aging, and numerous other state agencies.

The depth and range of the Group’s experience in civil, administrative, and criminal matters enable us to provide corporate clients and executives with seasoned before-the-fact risk assessment and insights into compliance plan preparation. Drawing on that diverse background, we also deliver sure-handed defense representation – as to private plaintiffs and government enforcement alike – and provide the judgment essential to pursuing an informed defense strategy.

What We Do:

We counsel and defend corporate enterprises and officers, directors, and managers nationwide. Specifically we:

• Work with clients to minimize possible data security breaches before they happen, coordinating compliance with HIPAA, the Red Flag rules, the Gramm Leach Bliley Act, state laws, and other regulatory minefields.
• Assist clients in responding as necessary to data security breaches of third parties with which our clients do business.
• If a breach or threatened breach occurs, mitigate the effects of the breach and coordinate an effective response. This includes guiding clients in complying with and responding to the demands of the regulatory and enforcement community.
• Conduct internal investigations to assess compliance issues and determine whether questionable conduct has occurred.
• Via our Data Privacy & Cybersecurity Complex Litigation Practice Group, we counsel and defend clients facing complex lawsuits, including class actions, related to data and cyber breaches, insufficient disclosures, and access of Personally Identifiable Information (PII) by third parties.

How We Add Value:

The Data Privacy & Cybersecurity Group embraces Post & Schell’s commitment to efficiency and cost-effectiveness. We have the experience to get to the heart of a matter, without reflexively “staffing up” or overstaffing projects.