McKenna Long & Aldridge LLP’s (MLA) cross-practice cybersecurity industry team is comprised of attorneys and public policy professionals who leverage our wide-ranging experience to craft interdisciplinary approaches and solutions to help companies protect their property, resources, clients and name. Included in our team are representatives who are experienced in and prepared to address the following legal and legislative issues.
Our practitioners have a background in cybersecurity issues, including pertinent government experience prosecuting cyber offenses under the Computer Fraud and Abuse Act. MLA attorneys are frequent contributors to panels and publications concerning new developments in the cybersecurity area and routinely offer advice to clients concerning pertinent legal and business considerations.
Compliance and Risk Management
MLA is well positioned to advise clients on both the potential risks and the potential opportunities associated with a cyber world. We have a team of cybersecurity advisors who have followed these issues for many years in policy and legal settings. We regularly monitor and advise clients regarding regulatory and political developments that impact their business models. Our team brings to the table an informed approach to helping clients develop strategic solutions. Whether it be an enterprise risk assessment, development of a robust compliance program, or SAFETY Act protections, MLA helps clients navigate difficult issues and determine where there is exposure and how such exposure may be mitigated.
MLA is prepared to address any cybersecurity compliance issue or need, such as establishing controls to prevent potential violations or responding to criminal investigations. MLA’s cybersecurity team also counsels on a range of federal statutes, regulations, and other provisions that relate to cybersecurity, including requirements for notice, reporting, and other prophylactic or remedial action in the event of a breach, supply chain security, and privacy issues. MLA also provides counseling on effective programs to ensure compliance with cybersecurity requirements (including contractual requirements for government contractors), and procedures for incident response and crisis management.
MLA provides comprehensive, forensic investigation assistance in the event of unauthorized access to information or an information security breach. We counsel clients on potential liabilities stemming from the breach itself, as well as on the potential disclosure of sensitive information. We perform forensic analysis of the breach both to prosecute responsible individuals and implement solutions to prevent future attacks. Moreover, our experienced litigators are ready to represent clients in any subsequent litigation that arises as a consequence of that breach.
IP and Data Rights Protection
MLA’s cybersecurity team brings a holistic strategy to a company’s intellectual property program, to consider not only threshold issues of securing, licensing, and enforcing intellectual property rights, but also counsels on how best to secure those assets against cyber threats. MLA’s attorneys routinely represent domestic and international clients across the full spectrum of intellectual property matters, ranging from the utilization of patent, copyright, and trade secret rights for database, source code, and digital/online content, to responding to the misappropriation of trade secrets and other proprietary information. We also work with clients who have developed or are developing cyber solutions to obtain protections and counsel government contractors on data rights.
MLA provides proactive government affairs counseling and advocacy support based upon our extensive experience counseling clients seeking to sell cybersecurity solutions to the government, as well as clients seeking to minimize the detrimental impact of increased cyber regulations. We monitor legislative and regulatory developments affecting our cyber clients, analyze and counsel on the impact of regulations on procurement decisions, and facilitate discussion between private and public sector stakeholders.
MLA’s government contracts attorneys provide comprehensive counseling regarding the myriad cybersecurity requirements included in government contracts to ensure the security of government information, government information systems, and the integrity of electronic components of weapons systems. MLA attorneys establish cyber compliance programs, conduct internal investigations of cybersecurity incidents, and provide counseling on all aspects of cybersecurity, including mandatory disclosure obligations, participation in DoD’s cybersecurity program for Defense Industrial Base entities, and the additional security requirements for accessing and storing classified and certain unclassified government information.
In this emerging, fast-paced field, our Corporate attorneys have the depth and experience to represent players in the cybersecurity space in all aspects of their business transactions as they and the industry evolve. Recognized by The Legal 500 US as one of eight tier-one firms for middle market corporate/M&A services, our team provides counseling on the formulation and implementation of innovative corporate structures and advice on all issues related to the acquisition or sale of companies that provide cyber-related goods and services. When a company’s strategy involves interaction with the government, MLA’s Corporate attorneys are well-positioned to provide strategic assistance in corporate matters by leveraging our connections with various U.S. government, state and local agencies and authorities.
European Union Issues
MLA is able to assist on cyber security issues with a European or transatlantic dimension. Our experienced Brussels Office attorneys have been closely following the relevant discussions between the EU institutions and stakeholders as well as the legislative developments in the context of the Digital Agenda for Europe and can provide custom tailored advice on a wide range of cybersecurity and cyber crime issues in different jurisdictions in the EU.
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