Dunlap Bennett & Ludwig’s Cybersecurity Solutions team understands that the privacy of personally identifiable information is an increasingly sensitive and important issue across industries, as the labyrinth of state, federal and international privacy, data protection and security laws with which businesses must contend grows ever more complex. It is increasingly becoming the rule that entities engaged in the collection, use or disclosure of personally identifiable information will be required by law to protect the privacy and security of that information. Cyber threats to sensitive data are immediate and real, as massive data breaches are making headlines with alarming frequency.

According to a recent article in Forbes Magazine, there were 2,216 data breaches and more than 53,000 cybersecurity incidents reported in 65 countries in the 12 months ending in March 2018 (Press, Gil. “60 Cybersecurity Predictions For 2019.” Forbes, Forbes Magazine, 22 Feb. 2019).  There is no double that businesses today need to be prepared.  Being prepared means not only protecting your business again a cyber incident, but also preventing them from happening in the first place.

In 2019 and beyond, security measures considered reasonable and prudent in the past no longer meet expectations. Public disclosure of a cybersecurity breach at a company is often quickly followed by government investigations, congressional attention, customer and other stakeholder inquiries, and lawsuits, particularly in the United States.

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Our Method

In response to the unique needs of businesses and individuals who are navigating the myriad of existing and emerging security threats, Dunlap, Bennett & Ludwig provides invaluable legal and technical advice to proactively protect our clients from cybersecurity incidents and data breaches and guide them through the complicated process of responding to an incident when it occurs.  Our unique 3-tiered comprehensive approach allows us to support our clients in risk prevention, risk detection, and risk response. With decades of experience in private and government sectors, our practice offers a full array of cyber security related services:

  • Data breach risk prevention, detection, and response
  • Critical infrastructure cybersecurity
  • Government contracting
  • Health information privacy and security
  • Communications and information technology
  • Supreme Court, government, and appellate advocacy and relations
  • Employee, consumer, and financial data privacy
  • International cybersecurity, privacy and data protection
  • Disclosure of information to and by the government
  • Privacy of government-maintained records

We provide integrated services to help you navigate the complex and cross-disciplinary challenges of today’s cyber threat environment. Our clients receive integrated services that reflect legal, technical and management counsel, creating a seamless experience that can be conducted under privilege when appropriate. Our battlecard includes developing strategy and assessment, investigation and remediation. Our strategic partners can support solutions in threat detection, data loss prevention, digital right management, database activity monitoring, automatic policy checks and consent capture.

Our Team

An extension of Dunlap Bennett & Ludwig’s National Security Attorneys, our Cybersecurity Solutions Team has TS/SCI cleared attorneys who provide expert legal services 24×7 in the United States, Asia, and Europe. This team is comprised of data privacy specialists who operate at the forefront of cutting-edge regulatory and litigation class actions, maintaining and adapting to the evolving landscape of data privacy requirements across myriad of industries.

Our team includes attorneys who are Certified Information Privacy Professionals (CIPP/US) by the International Association of Privacy Professionals – the world’s preeminent credential in the business of privacy. Our team has decades of both National Security and Cyber Security experience in both the private and government sectors of the industry and is composed of lawyers with extensive knowledge and expertise obtained over years of service at the very highest levels of the U.S. Government and Intelligence Community (IC).

Our cybersecurity attorneys deliver results because of:

Experience: Our cyber-team is led by the retired Deputy General Counsel and Acting General Counsel of the Central Intelligence Agency and a former Senior Advisor and Counsel for the US DOD. They lead a robust team of accomplished national security and cyber security experts who hold or are eligible for top-secret security clearances and extensive government experience and have been granted sensitive compartmented information and special access program information.

Technical Depth: We are not just your lawyers—our depth of experience includes lawyers who were also engineers, cyber-security experts, business owners, patent-holders, military vets, and scholars.  Our multi-disciplinary team of lawyers and professionals has the technical ability and experience to understand today’s environment and to help you address your risks effectively and efficiently.

Representative Engagements

  • Providing our government-related clients with a strong understanding of the current dialogue around data requirements and TD rights, the better buying power initiative, MOSA, etc.
  • Maintaining data security dependent through implementing a robust vendor compliance plan which considers the minimum compliance standards, assesses vendors’ level of compliance, and proactively maintains proper data security controls.
  • Creating a Strike Team Response protocol and a Rapid Response Plan ready to implement in the event of any data breach or incident.
  • Advising upon and providing regulatory compliance in regard to Data Domain Documentation, through intrinsic knowledge of the particular types of data, determine what rules and regulations apply to the data, and then tabulating or categorizing into work product.
  • Drafting a comprehensive analysis for multiple clients, components of which include review of the FAA’s regulatory framework and statutory framework, as well as summaries of discussions with opposing legal counsel detailing the relative positions regarding the scope of requests.
  • Establishing criteria for determining prioritization of data rights, devising a strategy based on applicable regulations, determined risk vs. reward, and analyzed estimated cost and risk associated with pursuing legal action.
  • Challenging data ownership assertions in order to make sure our clients can maintain and secure data which they are entitled to by law.

Key Resources