Technology & Cyber Law

Roetzel’s Technology & Cyber Law attorneys represent clients in addressing the panoply of their data security and privacy needs and risks.

Our team brings decades of experience to these matters, working together to protect our clients with creative and focused solutions to their technology and cyber challenges.

Our services span the spectrum of technology and cyber-related issues - from defending clients in software system implementation disputes, to defending data breach and privacy lawsuits (including class actions and civil claims seeking damages and fines) and advising clients on best practices before cyber problems arise. 

Pre-Breach Cyber Counseling: Our pre-breach services assist clients in applying strong risk reduction measures and the establishment of a sound legal infrastructure as a bulwark against claims for damages, statutory penalties, and fines. Our team brings substantial experience in the preparation and refinement of compliant data-related policies and protocols, creation and improvement of effective incident response plans, training of officers and employees, establishment of enterprise-wide incident and breach protocols, and the publication of comprehensive privacy disclosures. Our underlying objective is to help clients create and maintain a security-focused culture of reducing data-related risks and costs. We pursue that objective by preserving, if and where possible, the confidentiality of our work under the attorney-client privilege. 

Breach: When cyber and privacy disputes occur, we have substantial experience defending against challenges by plaintiffs and regulators and bringing subrogation claims against culpable third parties when appropriate. We have represented clients in disputes across multiple industries and regulatory environments, whether domestic or international.

Breach Coaches: We also serve as “breach coaches” to guide clients through the myriad issues when a potential breach or incident does occur. In doing so, we manage and direct multiple breach response fronts, working closely with our clients’ internal teams, as well as our trusted external forensics resources to manage the response effectively and confidentially.

Software Implementation Disputes and Contracts: We have represented clients in dozens of cases involving alleged software defects or other issues in system implementation projects. These disputes typically involve complex software implementation/customization projects across multi-facility enterprises. With significant experience litigating these disputes, we also assist our technology clients in drafting stronger and more protective contracts, which help keep our clients out of court.

Technology Transactions: We work closely with our clients to understand their goals and offer strategic advice on their information technology transactions. These transactions include the negotiation of agreements relating to IT managed services, software implementations, software development, software licenses, software as a service (SaaS) subscriptions, IT support services, and other similar services. 

Website Terms/Conditions and Privacy Policies: We help our clients draft protective website notices and content including privacy policies and terms and conditions. These notices are critically important to comply with various applicable state and federal laws, and we have significant experience in this area.

Coverage: We counsel clients on first-party and third-party coverage issues arising from stand-alone cyber policies and other policy provisions that implicate cyber and technology risks. We draft and improve cyber policies to reduce the risks of coverage disputes and enhance certainty in this evolving area – working closely with our clients to convey and incorporate the latest developments in coverage-related legislation and common law.