Cyber Disputes

Recognized among the most feared law firms for litigation by BTI Consulting, Pillsbury is a trusted advisor in high-stakes cyber-related disputes and investigations. Our lawyers combine decades of litigation experience, firsthand government experience and deep technical fluency to lead end-to-end breach-response efforts, coordinating forensic investigations to uncover how incidents occurred, and applying those findings to shape a robust litigation defense.

The firm leverages the focused training and experience of several attorneys who previously served in federal and state prosecutorial roles, particularly in cybercrime, national security and white-collar enforcement. Their prosecutorial backgrounds provide keen insight into litigation and government investigation strategies and enhance the firm’s ability to navigate complex cyber and enforcement matters. Drawing on this experience, the team excels in managing key legal and technical issues and identifying litigation and enforcement strategies early in the case, which leads to successful outcomes.

Our cyber disputes experience is both deep and wide:

• Data Breach Litigation
  • Extensive experience leading breach investigations and handling follow-on litigation, including directing and overseeing forensic teams under the attorney-client privilege to determine the scope and how incidents occurred—insights that directly inform and strengthen litigation and regulatory strategy, and all phases of litigation.
  • Assist on the full spectrum of cyber incidents which may result in a data breach, including ransomware attacks, phishing schemes, business email compromises, cyber fraud, insider threats, nation state attacks, targeted or malicious attacks, supply chain issues, third-party vendors, employee inadvertence, and former employee attacks, among other malicious threats.
  • Proven success defending clients in data breach class actions, including securing dismissals under CAFA and defeating related claims.
  • Defended client in class action following large ransomware attack by a cybercriminal group.
• Civil Claims Under the Computer Fraud and Abuse Act
  • Represent companies in bringing or defending against civil actions under the Computer Fraud and Abuse Act (CFAA) and related statutes concerning unauthorized network or computer access and seeking to redress harm and hold wrongdoers accountable.
  • Represent companies in investigating unauthorized access and data theft by former employees and bringing claims to recover and redress the stolen data, including the misappropriation of trade secrets and other confidential and sensitive information.
• Post-Incident Government Investigations and Enforcement Actions
  • Because litigation strategy should often be coordinated with regulatory enforcement efforts and risks, we draw upon our deep experience representing clients in investigations and enforcement actions by the SEC, Federal Trade Commission (FTC), HHS Office for Civil Rights, DOJ, NY Department of Financial Services (NYDFS), and all 50 state Attorneys General, as well as coordinating cross-border responses with foreign data protection authorities.
  • Skilled in navigating parallel civil and criminal investigations, including high-profile matters such as the Yahoo and Uber data breach cases, involving simultaneous proceedings with both civil regulators and the Department of Justice.
  • Assist clients in defending against enforcement actions under the DOJ Civil Cyber Fraud Initiative, including claims under the False Claims Act (FCA)—with potential liability exposure of treble damages plus a mandatory civil penalty for each false claim submitted.
• Cyber-related Privacy Litigation
  • Represent clients in privacy-related disputes arising under state privacy laws, including the California Invasion of Privacy Act (CIPA) and the Biometric Information Privacy Act (BIPA), often in parallel with or following cyber incidents.
  • Successfully prevented litigation alleging client used tracking software in violation of CIPA based on our experience with the forensic issues and data which directly undermined the alleged claims.
  • Obtained dismissal of a class action alleging an unlawful government surveillance program violating the financial privacy rights of hundreds of thousands of people, in violation of the Right to Financial Privacy Act, and California Unfair Competition Law.
  • Successfully represented clients in investigating and determining the scope of data leakage cases and reaching a favorable outcome avoiding litigation.
  • Served as lead counsel in numerous class action suits relating to the Health Insurance Portability and Accountability Act (HIPAA), the Telephone Consumer Protection Act (TCPA), the Fair and Accurate Credit Transactions Act (FACTA), and other major privacy laws.
  • Providing legal advice in connection with information disclosure and discovery orders in litigation proceedings and governmental investigations.
• Mediation and Arbitration of Cyber Disputes
  • Regularly assist clients in resolving cyber matters through mediation and arbitration as alternative forums to resolve cyber disputes in appropriate cases.
  • Successfully mediated resolution of a cyber fraud case involving an international retailer resulting in a favorable settlement.
  • Arbitration of a business email compromise case resulting in a favorable resolution and case settlement.
• Securities Litigation, Board & Officer Liability Defense
  • Advise and defend board members, directors, and officers in regulatory investigations and civil litigation stemming from cyber incidents, particularly in matters alleging failures in cybersecurity oversight. Our approach safeguards leadership while protecting reputational and organizational interests.
  • Successfully represent board members and executives in SEC and DOJ investigations concerning liability issues.
• Cyber Insurance Recovery and Disputes
  • Represent policyholders in cyber insurance disputes, maximizing recovery under breach response, business interruption, and liability provisions. We help resolve contested claims and coverage denials with insight and tenacity.
• Criminal Referrals and Prosecution Support
  • Leverage our experience as former cybercrime prosecutors to evaluate and refer appropriate matters to the DOJ for criminal prosecution.
  • Our efforts have led to successful convictions, including a hacker of a global retailer operating in all 50 states and more than 100 countries.
  • Represented media client in web site defacement and unauthorized access to company network resulting in prosecution and conviction.
• Website Cases
  • Assist companies in complying with website accessibility requirements and defending against challenges including under the Americans with Disabilities Act (ADA) and Section 508 of the Rehabilitation Act.
  • Assist companies in taking down fake websites for website spoofing or domain spoofing, falsely mimicking a genuine site and drawing visitors away for fraud or other unlawful purposes.