Businesses of all types and sizes throughout the United States, Mexico and beyond bring their disputes to Gardere's litigation team and receive practical, responsive, boutique-style attention in return. Our clients have access to the firepower and value of a well-known and highly-regarded Firm's capabilities and interdisciplinary strengths.
Gardere has a national and international energy practice formed around our Energy Industry Team, which is a multidisciplinary group of approximately 80 attorneys with diverse backgrounds, experience and skills specific to the energy industry. Our team includes attorneys who have served as in-house counsel for major energy companies, providing a depth of insight into our clients' needs, issues and concerns. We understand and regularly practice in virtually every sector of the energy, and we represent a wide variety of industry participants from multinational corporations to individuals.
From our offices in the United States and Mexico, our International Practice helps clients operate in today’s global economy. We have more than 30 professionals operating as a boutique within an Am Law 200 law firm and are able to provide focused service with the resources of a large firm. We understand that clients who are engaged in the global marketplace need lawyers who can operate seamlessly across multiple jurisdictions. Our international experts are multi-lingual, are culturally fluent and intimately familiar with various legal systems across the world, especially those in Latin America. Whether you need help with commercial transactions, regulatory matters, customs and import regulations, immigration matters, M&A and joint ventures, international disputes, or international tax planning, Gardere’s international team is here to assist you.
We represent domestic and foreign private funds in all aspects of fund formation, fund operations, platform and add-on acquisitions, and portfolio company operations. Our team has a reputation for being the go-to-lawyers for private equity funds, hedge funds, venture capital funds and family offices. We are known for our vast deal experience, the efficient way we staff and manage our work, and the way we maintain our relationships. We get deals done with sophisticated, strategic, and practical advice tailored to the needs of our clients.
*Not admitted to practice law.
Heartland Payment Systems disclosed what may be largest payment data breach to date with over 100M cards being compromised. Apparently unknown intruders planted malicious software to steal data card information which was not detected until Visa and MasterCard alerted Heartland. Heartland’s public statement indicated that this may have been the result of “widespread global cyberfraud,” and also claimed that no merchant data, Social Security number, and other personal data was compromised. However until there’s a complete investigation we cannot be sure.
No Federal Law About Data Breaches
The US Congress has been mulling over legislation for some time, but in the meantime many states have laws that require disclosure of these breaches. The first such law as in California in 2003 (SB 1386) which requires that any computer which is breached there must be a notice sent to every citizen of California whose data was in that computer. The computers themselves do not have to be in California, merely that the computer has data about California residents. Texas (2005 SB 122) and many other states of similar laws now, but it does seem logical that there a federal law.
PCI Data Security Standards
PCI (Payment Card Industry) established Data Security Standards, however these standards are not law, and each Credit Card company has slightly different rules. Basically any company that processes credit card transactions is covered by these standards. However until there is significant disaster testing the effective of the standards, or some state adopts these standards we will not have one single set of rules.
Computer Breaches are Not New
Breaking into computer networks is as old as computers. Back in the 1960’s and 1970’s there were plenty of stories of universities whose computer networks were shut-down by incoming freshman year after year as a challenge to see who could clobber the system first. The simple solution was to provide a command that would automatically disable the system, and the challenge evaporated. Fast forward to the Internet era and we now reward hackers by hiring them to work for our government security agencies since they know how to penetrate systems.
Post a comment to let me know what you think about data breaches and how they should be managed.
The publications contained in this site do not constitute legal advice. Legal advice can only be given with knowledge of the client's specific facts. By putting these publications on our website we do not intend to create a lawyer-client relationship with the user. Materials may not reflect the most current legal developments, verdicts or settlements. This information should in no way be taken as an indication of future results.
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