Cybersecurity and Data Privacy

Hecker Fink lawyers have extensive experience helping corporations and corporate executives navigate complex challenges involving cybersecurity, data privacy, and related regulatory compliance. We advise our clients on compliance with swiftly evolving domestic and cross-border laws and regulations, conduct internal investigations, help refine our clients’ policies and procedures, and guide our clients through government investigations conducted by federal and state prosecutors and a range of regulatory agencies.

As the Principal Associate Deputy Attorney General at the Department of Justice (DOJ) from 2022 to 2024, partner Marshall Miller led DOJ’s approach to cybersecurity, data privacy, and cybercrime.  Marshall guided the Department’s paradigm shift towards a dynamic, all-tools, victim-centered cybercrime enforcement program that prioritizes disruption and dismantlement of bad actors, along with seizure and return of stolen funds and intellectual property to victims.  He oversaw the launch and implementation of innovative task forces to attack cybercrime and cryptocrime in new ways, including the Disruptive Technology Strike Force, the National Cryptocurrency Enforcement Team, and the Federal Bureau of Investigation Virtual Assets Unit.

Marshall supervised the drafting and implementation of DOJ policy on cyber incident disclosure, including when and how the Department will authorize delays in disclosures otherwise required by the U.S. Securities and Exchange Commission (SEC) pursuant to Form 8-K Item 1.05.  And he personally served as the Operational Response Lead for all Major and Significant Cyber Incidents at DOJ and spearheaded the Department’s Core Management Team for breach response; he also edited, finalized, and approved DOJ’s Incident and Breach Response Playbook.  In the private sector, Marshall has brought that expertise to bear for corporate clients through work that has ranged from breach response to drafting of incident disclosures and from board advisory work to adoption and implementation of incident response plans and vulnerability disclosure policies.

As an Assistant U.S. Attorney in the Criminal Division of the Southern District of New York (SDNY), partner Mike Ferrara investigated, prosecuted, and supervised a wide range of cases involving cybercrime. During his tenure, he served as Co-Chief of the Complex Frauds and Cybercrime Unit, which comprised approximately 25 Assistant U.S. Attorneys, investigators, and other personnel focused on investigating and prosecuting a wide array of white collar, cyber, and national security offenses. Lawdragon recognizes Mike, as well as Amy Jeffress, Mack Jenkins, Marshall Miller, Shawn Crowley, and Trisha Anderson among its “500 Leading Global Cyber Lawyers.”

We know that rapid advances in technology represent tremendous opportunities—but also carry significant risks—for our clients. Data protection is paramount for companies as they navigate complex regulatory environments and best practice expectations that vary according to industry and geography. From privacy audits, to breach mitigation, to compliance with the European General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), or any number of domestic or international data security and privacy regimes, our clients depend on our broad subject matter expertise to manage known and emerging risks and protect critical business interests.