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ensuring the company has an appropriate legal hold in place, and helping the companynavigate immediate next steps set out below. 39C. Internal Readiness is Critical.A company should also have a team of in-house attorneys, key executives, IT and datasecurity managers, customer relations, and public relations personnel knowledgeableabout the company’s data security measures and what to do if faced with a data breach.This team should generally be looped in as quickly as possible following a data breach.Similarly, the company in many cases may find it a good idea to provide onlineinformation resources, bulletins, and/or training for affected personnel.D. Retain a Forensics Expert.Another critical piece of a data breach action plan is breach counsel retaining aforensics expert to help investigate the who, what, when, how, and how bad. Theinvestigation should be thoroughly documented in writing, noting the details of thebreach, including when it occurred and how it was discovered. 40It is important thatbreach counsel direct the work of the experts for the investigation to be privileged.” 4139 Id.40 Id.41 Id.March 6, 2015 23 © 3-6-2015 ALFA International Business Litigation P.G.

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