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Privacy & Cybersecurity Litigation


With the continuing evolution of privacy and cybersecurity regulation comes an onslaught of new legal claims and risks. Michael Best’s Privacy & Cybersecurity lawyers help clients manage those risks and defend regulatory actions, government investigations, arbitrations, and litigation under state and federal law.

Our defense work involves a wide range of privacy and data security matters, such as:

  • Responding to data breaches and privacy incidents, conducting internal investigations, and defending related litigation
  • Prosecuting cyber insurance claims in order to offset some or all of the costs associated with responding to a privacy event or breach
  • Litigating alleged violations of employee privacy rights under regulations such as the FCRA, HIPAA, ECPA, ADA, GINA, and state laws
  • Enforcement of non-compete agreements that involve privacy and data security concerns.
  • Government and civil actions related to healthcare companies’ additional obligations under regulations, such as HIPAA’s Security Rule and Privacy Rule
  • Financial industry litigation, arbitration, and regulatory agency enforcement under FCRA, FACTA, Dodd-Frank, anti-money laundering laws, and other applicable privacy and data security laws
  • Energy utilities’ self-reporting of possible violations of FERC or NERC security standards, and responding to government data requests and agency investigations
  • Litigation, including class actions, under laws governing online marketing and the protection of consumer data, such as the TCPA, COPPA, and CAN-SPAM Act
  • Litigation and investigations related to new technologies (such as connected devices) and methods (such as AI) for collecting, storing, sharing, and analyzing consumer data
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