Our cyber defense attorneys are experienced in defending cyber law claims on behalf of software companies, data companies, other businesses, and professionals. These types of claims can vary significantly, as new and changing technologies affect all sectors of businesses as well as individuals. Examples of claims successfully defended by our attorneys include but are not limited to:
- Negligent performance and/or breach of contract related to alleged failure of a company to deliver a software program
- A software program allegedly failing and causing an associated loss
- Phishing or scams where a third-party criminal actor accesses a businesses’ computer system and then uses the access to make or request fraudulent wire transfers
Cyber law claims often involve complex issues and legal defenses. Common defenses include:
- Contractual limits of liability, contractual disclaimers, and arbitration/mediation clauses
- Communication or cyber failures on the part of the claimant
- An allowable degree of error (all software and computer systems have some bugs)
- Lack of notice and opportunity to cure an alleged breach
- Speculative damages
- Mitigation of damages
Some of the more complex cyber matters require engagement of expert witnesses, such as software engineers.
Our cyber defense attorneys understand the complexity of cyber law claims, as well as the value of approaching such claims with diligence, efficiency, and creativity. Our attorneys also understand the import of bringing such claims to an early, reasonable resolution when possible, as cyber claims can be costly, time-consuming, and a distraction from clients operating their businesses. When appropriate and necessary, our attorneys are prepared to go to court or arbitration to defend you or your business.
In addition to handling matters for parties in the energy supply chain, our attorneys have represented numerous ancillary service providers such as private equity fund managers, facilities and pipeline construction companies, and technology and equipment suppliers.
