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Hill, Kertscher & Wharton LLP

Cybersecurity and Related Litigation

Cybersecurity and Related Litigation

Lead practice contact: Steve Hill

We now live in a world where we read about invasions of privacy or breaches of sensitive data occurring on an almost daily basis. If you are your company are affected by or experience a breach of your computers or electronic data, you can turn to us for trusted counsel and assistance.

Cybersecurity is now far more wide-ranging than just “user name” and “password.” These cases usually involve situations where a person unlawfully accesses a computer or network. Cases can include hacking computer systems, databases, banking systems, identity theft online, online piracy or otherwise accessing or taking electronically-stored information unlawfully.

There are now a variety of state and federal statutes which potentially come into play when a computer or network is accessed unlawfully. They include the Stored Communication Act (SCA), 18 U.S.C. § 2701(a); The Electronic Communication and Privacy Act (ECPA), 18 U.S.C. §2511(1)(a); and the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030(a)(2)(C), and the Georgia Computer Systems Protection Act. Often, the time to act is short under the statutes. HKW is experienced at working with the victims of computer crimes and unlawful computer access to restore their rights.

In one case involving a week-long trial, we successfully represented a publicly-traded company accused of destroying over 40,000 emails related to an investigation of potentially criminal activity. The case involved numerous technical witnesses, including forensic experts in the computer field, and required a considerable understanding of technology relating to email and computer networks.

Additionally, the internet constitutes a “wire” communication. As a result, certain cyberactivities which are unlawful may also be predicate acts in a RICO violation. Our extensive RICO experience proves helpful in representing clients in these types of cases. Click here to read more about our RICO practice.

A good cybersecurity attorney is familiar with technology and the law. It is also important that the attorney have relationships with a skilled technical forensics team to assess and document the more technical aspects of a case. Our experience with these types of cases and with experts makes us a “go to” firm for cybersecurity cases. Click here or call 770-953-0995 to request an initial consultation.