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.

Download PDF

Reach & Depth

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. We advise and represent businesses in all facets of data security, privacy, and technology litigation. We work with our clients proactively to implement the best practices and policies with respect to data security and privacy to avoid legal problems before they start. When a data security incident occurs, we serve as breach counsel to provide comprehensive assistance to our clients to navigate the investigation and notification requirements that must be followed. After an incident, we defend clients against government investigations or enforcement actions, as well as third-party litigation such as class action lawsuits by customers or clients and all manner of Technology Errors & Omissions (Tech E&O) claims.

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.

Professionals

Alicia Silver Santocki, Partner and Managing Director, FMG Assurance

Alicia Silver Santocki
Partner and Managing Director, FMG Assurance
New York City, NY | Ft. Lauderdale, FL

Team Leadership

Click to see our team

Related News & Blogs

    • Rated by

      Super Lawyers Business Law

    • Recognized by

      Best Lawyers

    • Benchmark Litigation

      Star Litigator