Data and Computer Technology

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Today, most if not all of an organization's critical information is maintained on computers. This includes personal information on employees and customers that, if stolen, can be used by thieves to commit identity theft. It also includes key competition-sensitive business information (customer lists, marketing plans and strategies, financial results, acquisition strategies, product plans, manufacturing processes) which, if stolen, can be used to undermine the company's competitive position.

With the accelerating advance of digital communications, a globally integrated economy, and a more mobile workforce, securing digital business information is a growing challenge.

Effective, Timely Response

Competitors, customers, business associates and consultants are often tied electronically to a company, allowing proprietary business information to be stolen with a few mouse clicks. Over the past several years, Dorsey lawyers have successfully obtained numerous injunctions from various courts ordering competitors to return stolen data and directing that misappropriated information not be used or disseminated in the marketplace.

Clients also count on Dorsey for immediate action dealing with computer breaches involving personal data and compliance with the patchwork quilt of 42 state laws requiring notification to consumers whose data has been breached.

The United States Department of Justice and local law enforcement authorities are now actively pursuing criminal prosecutions for data theft and destruction. Dorsey actively represents clients, both corporate and individual, who become subjects, targets or witnesses in these criminal proceedings.

Preventative Measures

Dorsey helps clients take proactive steps to protect valuable computer data and networks.

We assist companies in securing computer networks against fraud and theft. Dorsey works with IT security professionals and security software developers to minimize the chances of computer data being stolen by both company insiders and outside hackers. We assist companies in taking proactive measures to establish data compliance programs to protect data and to be able to deal effectively with data breaches.

The key to bringing a successful civil action under the Computer Fraud and Abuse Act (a criminal statute with civil remedies) is proving the perpetrator's lack of authority to access the computers. Dorsey helps clients establish the scope of authority for use of company computers by strengthening company policies and recommending adjustments to the company network.

To ensure that violations of the Computer Fraud and Abuse Act can be proven in court, Dorsey assists clients in establishing systems to capture admissible evidence to prove thefts and prevent competitors from using stolen information.
Similarly, the key to responding successfully to data breaches of personal data that can result in identity theft is to establish in advance how the company will investigate suspected breaches and interface with law enforcement and its employees or customers. Dorsey assists clients in establishing protocols for managing breaches of personal data in order to comply with state notification laws, the level of security required by federal regulators and dealing with government regulators.


For more information on how Dorsey can help your company protect its valuable information, please contact Nick Akerman.