Policies & Procedures Review
Even a well-documented and properly implemented cybersecurity strategy often fails to comply with emerging regulatory requirements and applicable law. The result can be multi-million fines imposed by regulators and even criminal liability.
Our legal professionals can help to review your data protection, privacy and cybersecurity policies and procedures to ensure that all applicable legal and regulatory requirements, as well as your contractual duties relating to data protection or incident response, are properly met.
Once possible improvements or remediation advice from our legal experts is implemented, you will receive a letter of conformity signed by our lawyers that may be shared with third parties or governmental authorities to demonstrate care and compliance, reducing potential legal exposure and financial risks.
M&A Cybersecurity Due Diligence
A failure to properly review the cybersecurity, data protection and privacy safeguards of an investment or potential acquisition target can result in million dollars of liability down the road.
Our legal professionals can perform a comprehensive assessment of a potential acquisition for cybersecurity best practices, previous or ongoing security incidents and data breaches, as well as a company’s exposure on the Dark Web.
After the assessment, you will receive a legal opinion letter explaining potential legal and regulatory risks of a contemplated transaction, which can be used to remediate problems before a transaction or to negotiate more favorable financial terms for a transaction.
Technology & AI Vendors Contracts Review
Managed Security Service Providers (MSSP), cybersecurity startups and even publicly traded cybersecurity giants all try to disclaim contractual liability and to unilaterally shift the entire risk of negligence, data loss or other possible failures onto their clients, partners and investors.
Terms and conditions of Artificial Intelligence (AI) vendors, or security vendors that incorporate AI into their security products, present even more complex questions of rapidly evolving AI law, intellectual property rights, privacy and data protection.
Our legal experts can review your contracts, master agreements and any annexes for possible pitfalls, and then provide counsel on how to control and limit your legal, financial and technology liabilities when dealing with third-party cybersecurity and AI vendors.
Cyber Insurance Contract Review
Cybersecurity insurance can be a lifesaver, however, a cyber insurance contract can contain numerous exclusions of coverage, overbroad or ambiguous terms that can render the entire policy useless.
Our legal professionals can review an insurance contract, any interrelated agreements and annexes to detect potential deficiencies and foreseeable risks to your protection and coverage, and then suggest how to improve the contract, reduce premiums and secure the best possible terms for your policy.
Additionally, our experienced attorneys can assist you with cybersecurity insurance contract negotiations directly with the insurance provider.
Incident Response Plan Review
Digital Forensics and Incident Response (DFIR) strategy and Incident Response Plans (IRP) are among the first documents requested by regulators and investigatory authorities in the event of a data breach or even a third-party report of a security incident affecting your business.
Our legal experts help to ensure that your DFIR and IRP are not only technically sound but that they also incorporate the most recent legal and regulatory requirements, and that they also address such critical matters tasks like press and media relations during a cyber crisis.
A review of your plans and implementation of remediation recommendations will reduce the financial damage of security incidents and possible litigation costs, and also decrease the risk of sanctions that may be imposed by regulators.