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Cybersecurity and Data Breach Laws

Phoenix Cybersecurity and Data Breach Lawyers Protect the Confidentiality of Clients’ Electronic Records

Arizona advocates defend businesses in litigation arising from data breaches

Many businesses have become dependent on e-commerce, which requires them to acquire customer and credit-card information on the web. This date is usually maintained on computers accessible from the web. Even brick-and-mortar stores rely on computers to maintain their records. Unfortunately, those records are vulnerable to attack from hackers. At Law Offices of Donald W. Hudspeth P.C., we will work with your business to protect you from data breaches and their consequences.

Knowledgeable attorneys advise on laws enacted to safeguard information

Both Congress and the Arizona Legislature have tried to address concerns about data breaches by enacting a series of statutes, including:

  • HIPAA — The federal Health Insurance Portability and Accountability Act sets privacy standards for patients’ medical records and other health information, whether or not they are in paper or electronic form. It applies to any business with access to health records, such as hospitals, healthcare providers, insurers and patients’ employers.
  • HITECH — The federal Health Information Technology for Economic and Clinical Health Act strengthens HIPAA controls as they relate to digital media.
  • Gramm–Leach–Bliley Act — The Financial Services Modernization Act of 1999, as it is also known, is a federal law requiring that banks and other financial firms protect their customers’ data.
  • Fair Credit Reporting Act — This federal law helps victims of identity theft protect their credit scores.
  • Arizona Data Breach Notification Law — This law requires any person or entity doing business in Arizona to notify state residents of any data breaches involving their personal information.

We help businesses review their existing policies and practices so they can stay on the right side of these laws and avoid harming their customers. When warranted, our firm assists with the development of effective internal procedures and the training of employees. Our measures help make it more likely that our clients will avoid breaches and will respond promptly and effectively in the event of a breach.

How we help your business with data breach litigation

Data breaches can result in complex and costly litigation initiated by angry customers or others who have been harmed. This could include lawsuits filed by individual parties or putative class actions brought on behalf of large groups of ostensible data breach victims. Plaintiffs might allege statutory violations, breach of contract and tortious misconduct such as negligence and invasion of privacy. We don’t need to wait for the litigation; as soon as the breach occurs, we can open an investigation to find out the cause and prepare for potential litigation. If a lawsuit is filed, we are accomplished litigators who will work diligently to achieve the best result possible. Depending on the circumstances, we can seek to dismiss or limit the scope of the claims by raising such issues as the plaintiffs’ standing to sue, the existence of a claim upon which relief can be granted, whether damages are legally cognizable and whether class certification is appropriate. We will also assert any defenses you might have by lining up expert testimony and other key evidence to support your position. If we can’t negotiate a suitable settlement, our firm will advocate effectively for your business at trial.

Contact a dedicated Phoenix law firm for advice on cybersecurity and data breach issues

Law Offices of Donald W. Hudspeth P.C. takes a practical approach to helping Arizona businesses prevent and address data breaches. To schedule a consultation, call our Phoenix firm today at 866-696-2033 or contact us online.

Donald W. Hudspeth Attorney Photo
Donald W. Hudspeth
Principal Attorney

Attorney Donald W. Hudspeth has more than twenty years’ experience practicing corporate and business law. Before attending law school, Mr. Hudspeth held a stock brokers license at the age of 21 and owned his own business at the age of 23. He was a business law professor at Arizona State University, West Campus, and has conducted classes and seminars for a number of higher institutions and organizations. Mr. Hudspeth has published two books on law and is the founder of the radio programs Law on the Edge and Law Talk.

Mark S. Hamilton Attorney Photo
Mark S. Hamilton

About Attorney Mark S. Hamilton has experience handling all aspects of civil and commercial litigation in federal, state, and tribal courts at the trial and appellate levels. Practice Areas Business litigation Commercial litigation Education University Of Hawaii Wm. S. Richardson School Of Law, Juris Doctor - 2002 University Of Hawaii, Master Of Arts in Asian…

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    Lawyers Of Distinction
    2020 issue of AZ Business Leaders

Our firm now offers a scholarship program for ASU first and second year law students.

The scholarship is awarded to students for academic merit with an interest in business and business law. Candidates may have majored in fields other than business, have taken a break between college and law school, or have had exceptional life experiences.

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  • "I would recommend Mr. Hudspeth unequivocally. Not only is he an outstanding business attorney, he also provided me with access to a divorce attorney. Thanks to his skill, and resources available outside the Phoenix law family, I was successful in challenging a “family law” mediation that was particularly and grossly unfair." - Chandler, Arizona Private Individual

  • "Thank you for the work you have done in creating these documents. It is always a pleasure dealing with this firm!" - J. P.

  • "An excellent response. Masterfully prepared. Thank you." - El Paso, Texas Real Estate Investor

  • "Glad about meeting with Don. Felt so much better, better than in 15 years. Really appreciated the conversation." - RH, Phoenix Manufacturing Company

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