Cybercrime has now become a mainstay, with increasingly sophisticated attacks targeting businesses across nearly every sector. The impact for business can be severe, from financial loss to reputational damage that is harder to quantify. Such damage has escalated the last few years with ransomware and data breaches costing companies billions globally. Such substantial damage can cripple a business even if it is insured against certain cyber-related losses.
Today, a proactive Privacy/Cybersecurity policy is essential for safeguarding sensitive data, including trade secrets, intellectual property, and client information. Our team is therefore ready to provide a comprehensive range of services to address Privacy/Cybersecurity concerns including preventative assistance, data breach response, merger and acquisition (M&A) due diligence, agreement drafting and negotiation, insurance support, and framework adoption.
Every business has unique data protection needs, and we develop tailored strategies to address these challenges. Brooks’ preventative services include:
- Employee education and training thereby that creates a first line of defense against cyber threats;
- Drafting comprehensive information security policies;
- Developing incident reporting templates and response protocols;
- Drafting privacy policies, website terms, and written information security policies; and
- Assisting with complex compliance questions.
Penetration testing and security auditing is another preventive measure that allows businesses to identify vulnerabilities before they are exploited. Our team is ready to work with a certified auditor to evaluate potential security gaps that could expose your company to cyberattacks, such as stolen credentials, data breaches, or ransomware attacks. Brooks will also help ensure key assets like intellectual property, PII, and financial data are secured to help further mitigate risks to your business.
In the event your company is subjected to a data breach, we can support and guide you through the steps required to address the incident. We are ready to assist with breach notifications to consumers, regulatory bodies, and other required parties. If litigation arises, our experienced team is ready to defend your interests.
As cyberattacks grow in complexity, cyber-insurance is critical for businesses storing or transmitting sensitive data. We are ready to review policies to help ensure you have coverage to help in the event of a data breach or cyber extortion. Our goal is to ensure your cyber-insurance aligns with your business risk profile.
During mergers and acquisitions, cybersecurity due diligence is essential, particularly when a target may have experienced a prior data breach. We assist in assessing the cybersecurity posture of acquisition targets to ensure that digital assets are appropriately valued and secured.
Our lawyers specialize in drafting and negotiating a range of cyber-related agreements, such as:
- Security and privacy policies
- Confidentiality agreements
- Agreements concerning personal identifiable information (PII)
Our team is here to guide your organization through all facets of cybersecurity, ensuring that your data is protected and your risks are minimized.
As AI systems are now being deployed across nearly every industry, companies may not fully understand the risks and compliance challenges involved. Whether you’re developing a new AI system or using a pre-trained AI model, thorough evaluation is essential to avoid regulatory penalties and legal liabilities and mitigate risks associated with undesirable outcomes. Such risks not only include regulations specifically tailored to AI systems, but also the privacy and intellectual property risks that may arise from either deploying or using AI systems.
Our Privacy/AI team is therefore well-suited to guide and support clients through the complex legal landscape surrounding AI innovation and deployment. Our team is skilled in addressing these issues, offering comprehensive legal risk mitigation strategies for AI deployment while ensuring compliance with data protection and privacy laws, including the upcoming European AI Act.
Our team will work to help evaluate the AI system you intend to deploy to minimize unacceptable risks and ensure it complies with all the latest legal or regulatory. Given the variations in legal requirements across different jurisdictions, a global regulatory compliance strategy is now becoming a necessary function for all businesses.
In addition to regulatory compliance, the integration of AI into business processes introduces novel legal challenges. Our team can identify liability issues, negotiate AI-related contracts, and address ethical considerations. Our technology-specific expertise enables us to provide tailored advice across all industries where AI is transforming operations and driving innovations.
At Brooks, we have not only been at the forefront of IP law but all aspects of technology law AI. By choosing Brooks, clients therefore gain access to a team with deep technological expertise that can assess the intricacies of AI regulations and laws and how AI compliance may also be subjected to both Privacy and IP concerns. Brooks strives to helping our clients stay ahead of the curve, protected by forward-thinking, strategic legal advice.
