Data Security, Privacy & Technology

Safe, secure legal counsel

FMG's Data Security, Privacy, & Technology practice group is an interdisciplinary team of attorneys across the firm's office locations that stays on the edge of legal developments affecting our clients in the digital age.

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Reach & Depth

FMG’s Data Security, Privacy & Technology practice group is a national, interdisciplinary team of attorneys that stays on the edge of legal developments affecting our clients in the digital age. Among other accolades, we are a NetDiligence® Certified Breach Coach law firm and multi-year nominee for Cyber Law Firm of the Year by the Zywave Cyber Risk Awards. To best serve our clients, the practice group includes three dedicated teams with specific areas of concentration: Compliance & Incident Response, Privacy & Data Breach Litigation, and Tech E&O Litigation. In addition, our legal work includes Cyber Risk Insurance Coverage Services and eDiscovery & Records Management. These combined areas of concentration allow FMG to provide a full spectrum of legal services to our clients for their needs in all aspects data security, privacy, and technology law.

Areas of concentration:

Compliance & Incident Response

Privacy & Data Breach Litigation

Tech E&O Litigation

Successes

FMG Attorneys David Cole and Matt Foree won a motion to dismiss a class action lawsuit filed against Oklahoma City University over a July 2022 data breach. The proposed class action alleged the University failed to protect the personal information of more than 27,000 students and employees that was exposed in the incident. However, Mr. Cole and Mr. Foree argued the plaintiffs did not have standing to sue because there were no allegations of misuse of anyone’s information that actually resulted in harm, such as identity theft or fraudulent accounts or charges. Judge Timothy DeGiusti of the U.S. District Court for the Western District of Oklahoma agreed and dismissed the lawsuit in its entirety. In his opinion, Judge DeGiusti concluded that “Plaintiff has failed to plausibly allege an actual, present injury that would support her claims for damages, or an imminent threat of future harm that would warrant injunctive relief.”

This case represents a significant win not only for the University, but also for other businesses that are increasingly victimized by cybercriminal attacks, only to then find themselves also targeted by class action lawsuits seeking money damages, even without any evidence of harm. FMG’s Data Security & Privacy attorneys are at the forefront of this continually developing area of law, and zealously represent businesses and organizations of all kinds in data breach and privacy litigation around the country.