Cyber Security and Information Privacy

The risk to companies that collect data
To succeed in the 21st century, enterprises have to leverage the value of their corporate, partner, employee and other proprietary information. Data has to be accessible from around the globe, 24/7. But it also needs to be protected from attack, theft, corruption and loss. And you, as a data custodian, need to comply with a growing web of complex privacy laws.

Because a security breach in this environment often translates into significant direct and indirect liability that could cripple your organization, it is critical to recognize that effective information security goes beyond technology solutions. It requires a process that also includes people and procedures.

What we bring to the table
At Whiteford, Taylor & Preston, our lawyers have developed a comprehensive cross disciplinary practice in the areas of cyber security, data privacy, e-commerce and information security. We've combined our attorneys' experience and skill as litigators and technology lawyers with their substantive knowledge of data security breach, privacy and information security laws that govern the collection, use and protection of personal information, such as HIPAA, COPPA, GLBA, and the European Privacy Directive.

We can help you manage risks and reduce your exposure to investigations and litigation arising from how you handle data.

Using experience to protect your data
We understand that one of the greatest challenges our clients face is determining what information security measures are reasonable and necessary to protect their data, and then implementing them. That's why our attorneys work closely with our clients to assist them in proactively creating an organized policy approach to developing and implementing an information security program to reduce the risk of data loss, by litigation and damages. We help our clients conduct a risk assessment, create a security policy, plan for incident response and review, and audit and update that security program as needed. Our Technology lawyers understand the software industry, based on years of experience with clients who develop and sell software products and services, so we are positioned to help you identify weak spots in your current systems and evaluate technological ways of shoring them up.

And if a breach does occur...
Security breaches happen almost every day and your reputation is on the line when a breach occurs. So our Cyber Security team has also developed strategies to effectively manage the risks that attach to data, once disputes or government inquiries arise. Whether it's a lost laptop, hacked website, or theft by an employee, we're ready to help you assess and mitigate those risks that arise from a security breach.

Services to cyber security companies
In addition to helping companies that need to protect their data, our Technology group represents entrepreneurs and enterprises that develop cyber security products and services.

We represent owners, developers, distributors, licensees and others in a wide range of computer issues, spanning a host of business transactions and commercial disputes. These include:

• Identifying, protecting, commercializing and enforcing intellectual property rights in computer software and hardware generally
• Preparing software development agreements, including joint development initiatives
• Drafting conventional software distribution, sale and license agreements for both off-the-shelf and custom applications
• Innovative software license and distribution agreements, including ASP and open source models
• Software maintenance, service and source code escrow agreements
• Counsel regarding the latest laws relating computer database protections
• Computer hardware OEM, sale, license, lease and maintenance agreements generally
• Advice regarding the acquisition, sale and license of computer hardware, systems and networks, including integrated hardware/software transactions
• All relevant e-commerce considerations

Our software clients range from small concerns to large publicly-held and span a wide spectrum of applications and models, including CAD, CAM, CRM, SCM, ERP, PLM, KM and ASPs.

And, for those clients who are targeting the urgent federal cyber security initiatives and agencies, we work closely with our Government Contract lawyers to guide you and ensure that your rights are safeguarded throughout the government procurement process.