Cybersecurity Incident Response

When a cybersecurity incident occurs, organizations have certain legal obligations to investigate and respond within short timelines. The Constangy Cyber Team regularly navigates these obligations and brings unparalleled experience gained through work as government investigators, in-house counsel, outside counsel, privacy officers, regulators, and first responders. We also understand that incident response goes beyond legal compliance and includes stakeholder engagement across many levels.

What We Do

Incident Response Preparedness

Before an incident happens, the Constangy Cyber Team helps organizations proactively develop and implement an incident response plan, integrating regulatory requirements and industry best practices to ensure a strategic response to any data security incident. The plan will include appropriate preparation; the development of the ability to detect and analyze indicators of an incident; the ability to deploy appropriate resources to contain the matter and eradicate malicious software and activity from a network; and processes to recover and review lessons learned in an attempt to prevent anything similar from happening again.

Incident Response Management

The Constangy rapid response team provides comprehensive legal counsel in response to data breaches. Team members serve as project managers, advising clients throughout the incident response process as they work to contain and assess the nature and scope of the incident, facilitating deployment of appropriate forensics and/or other technical resources, assessing consumer and regulatory notification obligations, and helping clients restore operations. When clients have consumer and regulatory notification obligations, we help them meet those obligations by drafting notification communications and facilitating engagements with notification and consumer remediation service providers. Following an incident, we interface with regulators on behalf of clients who may be subject to state and federal regulatory investigations and other administrative or legal actions. We also interface with law enforcement on behalf of clients in an effort to hold perpetrators of data security incidents accountable. Our goal is to help minimize the impact a data breach may have on our clients’ businesses, including by limiting related legal and/or regulatory liability. In responding to a data privacy and/or security incident, the Constangy Cyber Team will serve as a project manager and identify a strategic plan for an immediate response, utilizing any existing incident response plans and incorporating relevant resources to provide the most effective response.

Our team will be prepared to provide the following services:

• Project Management & Coordination
• Regulatory & Legal Response
• Communications Response
• Wire Fraud Recovery Services

Project Management & Coordination

• Maintaining a 24/7 rapid response telephone and email hotline, monitored by team members, to provide an immediate response to any cybersecurity incident
• Conducting initial assessments of cybersecurity incidents to identify resources needed to respond to and investigate the incident and to limit potential legal liability
• Developing and leading a strategic response designed to efficiently contain, remediate, and address cybersecurity incidents, in part by facilitating the deployment of necessary resources, including digital forensics firms, data mining/document review vendors, consumer remediation/notification vendors, and public relations firms
• Coordinating with cyber insurance carriers, as appropriate, to obtain prior approval of vendor statements of work and provide information necessary for coverage evaluation
• Assessing consumer and/or regulatory notification obligations and drafting notification communications for client review, facilitating notification and consumer remediation services including credit monitoring, and managing the notification process
• Facilitating deployment of public relations services, as necessary
• Interfacing with law enforcement, as necessary
• Interfacing with regulators, as necessary
• Facilitating defensive litigation services, as necessary

Regulatory & Legal Response

• Assessing consumer and/or regulatory notification obligations
• Drafting consumer and regulatory notification materials
• Facilitating the provision of notification and consumer remediation services
• Interfacing with state and federal regulators, as well as law enforcement
• Managing third party claims and potential litigation; director and officer liability; product/supplier liability; and employee disciplinary action
• Providing counsel during formal inquiries, investigations, and litigation

Communications Response

• Identifying internal and external messaging needs and coordinating with in-house communications professionals and public relations agencies
• Drafting consumer and regulatory notification materials, press statements, and other necessary communications

Wire Fraud Recovery Services

You sense it immediately – something isn’t right. The wire transfer you approved earlier in the week never arrived. The funds are missing. In a matter of seconds, your business has become the latest victim of wire fraud, a fast-growing threat driven by social engineering tactics to which even the most sophisticated and vigilant organizations fall victim. Now, every minute counts.  

This is not just a financial crime, it’s a legal emergency. At Constangy, our Cybersecurity & Data Privacy Team is built for this moment. We are a team of attorneys providing comprehensive, tailored legal services to protect businesses from wire fraud before it happens and to act with urgency and precision when it does, to help businesses respond and recover stolen funds.

Our team includes attorneys with backgrounds in law enforcement, cybersecurity and regulatory compliance, enabling our wire fraud team to rapidly deliver strategic guidance in these high-stakes situations, to help stop your money from disappearing for good. 

Our Services 

• Prevention: We assist clients in developing internal policies, payment verification procedures, and employee training programs to mitigate the risk wire fraud. 

• Incident Response & Recovery: If your organization falls victim to wire fraud, we are available 24/7/365 and work swiftly and to engage financial institutions, coordinate with law enforcement, and trace and recover stolen funds.  

• Regulatory & Compliance Support: We leverage our knowledge and experience with financial institution regulatory obligations to facilitate the search for and recovery of stolen funds. We also rely upon our law enforcement backgrounds to utilize the FBI’s Internet Crime Complaint Center (IC3), United States Secret Service task forces, and other law enforcement networks. 

• Litigation Support: Our attorneys provide legal counsel and representation in cases involving financial fraud, liability disputes, and cybercrime investigations. 

What Sets Us Apart 

• Real-Time Response, 24/7/365: Cyber criminals work around the clock, and so do we. Our attorneys are available at a moment’s notice to assess the situation, communicate with banks and coordinate with law enforcement to initiate recovery efforts. The first 48 hours are critical, and we don’t waste a second. 

• Multi-disciplinary Expertise: Our wire fraud team combines legal expertise across cybersecurity, financial litigation, law enforcement, regulatory compliance, and insurance backgrounds. We don’t just know the law—we know how the system works and what actions must be taken to obtain the best outcome. 

• Strategic Relationships: We have relationships with key players across public and private sectors including with the FBI, the Secret Service, major financial institutions and cybersecurity vendors. These connections accelerate results and enhance our ability to recover stolen funds. 

• Prevention as a Priority: We don’t stop at recovery. We help clients assess vulnerabilities, redesign internal controls, review insurance policies, and deliver tailored training to finance and executive teams.  Our goal: make sure it never happens again. 

The assumption that funds stolen through wire fraud are unrecoverable is a myth we challenge daily – with our rapid response, experiential insight and focused action. Whether your organization is looking to proactively strengthen its cybersecurity posture or urgently respond to a wire fraud incident, Constangy’s Cybersecurity & Data Privacy team is here to provide immediate assistance. 

Protect your business. Reduce risk. Respond effectively. 

For more information, contact our team today.