Cyber and Data Breach Liability

Practice Contact

Macklem, Jonathan W.
T: 205-250-6668
Zimmerman, J. Paul
T: 205-250-6616


At Christian & Small, we assist clients of all sizes concerning the policies, procedures and safeguards that minimize our clients’ potential exposure to liability – whether in litigation or regulatory oversight – as a result of internal misconduct or intrusion by third-parties. Preventing, or at least minimizing, exposure is becoming more important and more difficult. Our work focuses on the legal aspects of employment and human resource efforts, compliant policies and procedures, technological safeguards, and proper documentation. While deterrence, detection, response and remediation are highly technological functions, they also have far ranging legal implications as well. As such, we help clients with the legal aspects in preventing and responding to unauthorized access and theft of data: from the initial response to responding to related government investigations and (if necessary) resulting civil litigation.

Representative Matters:

    • Representing four hospitals and two practice groups in a class action alleging a data breach of patient information, along with being designated as local counsel for all other hospital defendants with related cases consolidated through an MDL proceeding.
    • Defending a hospital in a class action involving allegations of a data breach of patient files by a former employee.
    • Advised a nationwide retailer regarding an alleged breach of employee and customer data (no litigation filed).