Cybersecurity and Data Privacy

Waymaker is a leader in the field of advising companies and individuals facing cybersecurity and data privacy issues, criminal and regulatory actions, and related civil litigation. We handle cybersecurity data breach litigation and are available 24/7 for incident response. The latter includes assistance with breach investigations and general crisis management.

In addition, we handle defense of actions, inquiries, and investigations by the FBI, SEC, FTC, HHS, OCR, FCC, U.S. Attorney’s Offices, State Attorneys General, and financial regulators. The firm’s strong background and experience in technology matters, and deep connections to cyber and blockchain experts, assist it in understanding and explaining the needs and objectives of clients while advocating before these law enforcement agencies and regulators.

We also understand the intricacies of the Computer Fraud and Abuse Act (CFAA) and related federal statutes, having represented clients in federal courts across the country accused of CFAA violations. As an example, we represent Paige Thompson, who is alleged to have engaged in one of the largest hacks in United States history (Capital One), in her criminal case in the Western District of Washington. The firm also represented Marcus Hutchins – a worldwide hero due to his intervention to stop the “WannaCry” ransomware attack in May 2017 – in a prosecution based out of the Eastern District of Wisconsin for cybercrimes dating back to 2014. Following a plea, Mr. Hutchins was sentenced to no prison time; in fact, adopting arguments put forth by Waymaker attorney Brian Klein, the district court judge suggested that Mr. Hutchins seek a pardon due to his exemplary conduct in stopping “WannaCry.”

We not only can help clients evaluate regulatory risk concerning cybersecurity and data privacy issues, but also related litigation risk, by drawing on our civil litigation experience.

Representative Engagements:

• External Data Breach of Tech Manufacturer
  Assisted a leading tech manufacturer in responding to an external data breach. We coordinated closely with FBI agents and prosecutors in the Southern District of New York on the arrest and prosecution of the perpetrator after the company learned of a data breach.

• Internal Data Breach of Global Financial Services Company
  Worked with one of the world’s largest financial services companies to handle an internal data breach. We worked with an outside forensic investigation firm to identify and report the breach to the FBI, which arrested and prosecuted the perpetrators.

• United States v. Paige Thompson
  Currently defending Paige Thompson in a criminal case prosecution out of the Western District of Washington. Ms. Thompson is alleged to have hacked into Capital One and other entities, and was charged with wire fraud and computer fraud and abuse.

• United States v. Marcus Hutchins
  Defended Marcus Hutchins who is regarded as a worldwide hero due to his intervention to stop the “WannaCry” ransomware attack in May 2017. Mr. Hutchins was prosecuted by the U.S. Attorney’s Office for the Eastern District of Wisconsin for cybercrimes dating back to 2014. Following a plea, Mr. Hutchins was sentenced to no prison time; in fact, adopting arguments put forth by Waymaker attorney Brian Klein, the district court judge suggested that Mr. Hutchins seek a pardon due to his exemplary conduct in stopping “WannaCry.”