Cyber Incident Preparedness, Reaction, and Defense

In today’s digital world, cyberattacks are not a question of if but when. Organizations need to be prepared to prevent cyber incidents and to respond quickly and effectively when they occur.

Dunlap Bennett & Ludwig guides businesses through every phase of cyber incident preparedness and response, ensuring both compliance with regulatory requirements and a strong legal defense in the event of an attack. Our services span incident response planning, breach management, regulatory reporting, and litigation defense, giving your organization the tools it needs to minimize damage and recover swiftly from cyber incidents.

PROACTIVE PREPAREDNESS AND LEGAL DEFENSE

Cyber incidents can cause significant financial, operational, and reputational harm to businesses. With the rise of increasingly sophisticated cyberattacks, organizations face the threat of data breaches and legal consequences from regulatory noncompliance. Data protection laws mandate timely breach notification and set forth strict protocols for handling personal data. A failure to meet these requirements can result in severe penalties, lawsuits, and a loss of consumer trust.

Attorney-client privilege is crucial in both the preparedness and response phases of a cybersecurity incident, as it ensures that sensitive communications about vulnerabilities and potential legal risks remain confidential. This protection allows businesses to seek candid legal advice when developing incident response plans and when navigating the complexities of breach response, regulatory reporting, and litigation.

Our attorneys develop cyber incident response plans, conduct breach risk assessments, and ensure preparedness against emerging threats. Should an incident occur, we provide immediate legal support, advising on mandatory breach notifications, regulatory investigations, and defense strategies to minimize legal exposure and protect your organization.

What we do

• Develop customized incident response plans and breach notification procedures that comply with regulatory requirements and ensure effective action during a breach.
• Conduct breach risk assessments to identify vulnerabilities and assess preparedness for potential cyberattacks.
• Run executive-level tabletop exercises.
• Craft vendor management programs.
• Analyze cyber insurance portfolios.
• Engage third-party experts in advance (forensic firms, credit monitoring services, PR firms, etc.).
• Direct forensic investigations.
• Assess and respond to litigation risks.
• Provide legal guidance on compliance with breach notification laws, including the General Data Protection Regulation (GDPR), Health Insurance Portability and Accountability Act (HIPAA), and the California Consumer Privacy Act (CCPA).
• Represent organizations during regulatory investigations and class action litigation following data breaches or cybersecurity incidents.
• Negotiate settlements with regulators.
• Prepare media and public relations statements to minimize reputational damage after an incident.
• Coordinate breach response with law enforcement agencies.
• Facilitate incident recovery by auditing remediation measures and updating security policies to prevent future breaches.
• Oversee the process of IT infrastructure penetration testing to ensure all communications and reports come under the protection of attorney-client privilege.