When a cyber incident happens, time is everything. Baker Donelson's Cybersecurity and Incident Response Team counsels organizations through the legal, regulatory, and operational dimensions of cyber incidents – before, during, and after an attack. Our team helps organizations across a variety of industries, including health care, financial services, critical infrastructure, education, insurance, e-commerce, manufacturing, defense contracting, energy, and transportation, prepare for and respond to cyber incidents with practical, business-focused guidance. From ransomware attacks and business email compromises to insider threats and supply chain breaches, our lawyers act rapidly to guide clients through all phases of a data breach and swiftly respond to their most pressing challenges.
Experiencing an active incident? Time-sensitive breach response matters require immediate legal counsel. Our Data Incident Response Team is available around the clock. You can call our toll-free Incident Response Hotline at 877.215.6115.
Incident Response & Data Breach Management
Recognized as an authorized NetDiligence® Breach Coach, a highly selective designation requiring demonstrated, sophisticated breach experience, our Incident Response Team provides immediate legal guidance from containment through recovery.
Rapid Engagement: We engage immediately to guide organizations through every phase of a breach, from coordinating forensic investigations, managing communications with key stakeholders, appropriately working with industry experts and technical teams to assist with detection, containment, and recovery, and preserving the attorney-client privilege.
Coordinated Action: Our deep experience handling all types of incidents allows us to offer strategic guidance that is tailored to your organization's needs when you need it the most. This is crucial when responding to a cyber incident, where we leverage our trusted network to assemble third-party experts, including forensic investigators, e-discovery professionals, ransom negotiators, managed service providers, crisis communication firms, and cyber insurance partners to help clients respond with confidence. We also communicate on behalf of our clients with state and federal law enforcement agencies with whom we have trusted relationships.
Practical Insight and Guidance: Our team is a go-to advisor for organizations across all industries. Whether advising a Fortune 100 company on a nationwide ransomware attack, assisting a regional health care provider with HIPAA breach reporting, or guiding a startup through its first incident, we tailor our response to meet the unique demands of each situation. No matter the size or complexity of the matter, our team brings the same level of focus, responsiveness, and strategic insight to every engagement. We don't just know the law, we know how breaches really unfold and how to protect your brand, your customers, and your bottom line.
Assess Notification Obligations: We assess notification obligations across applicable state, federal, industry, contractual, and global frameworks, draft required notices, and coordinate regulatory filings in an increasingly fluid legal landscape.
Post-Incident Remediation and Lessons Learned: We provide analysis to assist in developing post-incident remediation strategies and incorporate lessons learned into incident response and cyber readiness plans.
Cybersecurity Compliance and Preparedness
The question is no longer whether your organization will face a cyber threat, but whether you will be ready when it arrives. We believe that preparation is the best defense and help clients build defensible programs before regulators, plaintiffs, or threat actors come looking. Compliance is not a checkbox. It is a continuous legal obligation that evolves alongside your business, your rapidly evolving technology, and the fluid regulatory environment. We provide ongoing counsel that keeps pace with all three.
Information Security Program Development: We help organizations develop and implement information security programs designed to reduce risk, improve resilience, and enable rapid, confident decision‑making when it matters most.
Incident Response Plans and Tabletop Exercises: We work with clients to develop and test incident response plans and facilitate tabletop exercises with legal, IT, security, and executive teams to stress-test their response plan. By preparing for potential threats in advance, our clients are better positioned to minimize disruption, protect critical data, and respond decisively to evolving cyber risks.
Risk Assessments and Gap Analysis: We evaluate your current data practices and existing policies, vendor relationships, and security controls against applicable legal standards. Our goal is to help you build and document a defensible program and provide ongoing counsel to keep your program current as laws change, your business grows, and new risks emerge.
Vendor and Third-Party Contract Review: Your supply chain presents a significant cybersecurity risk to your organization. We review and negotiate data processing agreements, business associate agreements, and vendor contracts to ensure your organization is protected both upstream and downstream.
Board and Executive Cyber Governance: Directors and officers can face potential personal exposure for cybersecurity failures. We advise boards and executive teams on governance obligations, oversight structures, and best practices for engaging with their technical teams.
Employee Training and Policy Frameworks: Human error remains the leading cause of data breaches. We assist clients in developing acceptable use policies and training programs tailored to your employees and obligations.