Tips for Quickly and Effectively Responding to and Handling a Data Breach

Involving Counsel Early and Often

When a data breach is first discovered, there will be a great deal of urgency and uncertainty. The first priority is to contain the breach and attempt to understand the scope, including the data system(s) affected and the harm caused. Most federal and state governments require organizations to self-report a breach as soon as possible, so it is important that organizations have well-thought-out strategies in place to enable quick assessment of the breach, execute internal response efforts, and make immediate key decisions and disclosures. As such, many organizations establish data breach plans and conduct tabletop exercises at regular intervals. This planning should, and typically does, involve experienced discovery counsel to assist with establishing a strategic plan to identify, preserve, and collect, as needed, relevant information that will be implicated after a data breach, including discovery required for resulting data breach–related lawsuits. When a breach occurs, the discovery counsel will be able to assist immediately as they are already aware of the company's data landscape and content, security practices, and personnel.