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Cyber Reputation

Overview

Cybercrime is not confined to stealing electronic data. Cybercriminals are now targeting corporate reputations in cyberspace. Their malicious online activities—sometimes conducted by competitors, third-party organizations, and unknown persons masking their identities—are becoming more prevalent.

Crowell & Moring has developed a broad array of capabilities to investigate and defend against high profile reputational attacks. We work with clients and technology experts to understand the issues. We litigate tough First Amendment, “anti-SLAPP,” Communications Decency Act, Stored Communications Act, and unknown defamer issues with innovation and creativity. We coordinate our counseling and defense efforts across multiple practice groups such as Litigation, Torts, Retail and Consumer Products, and Regulatory groups.

We represent a broad spectrum of domestic and international clients at risk in this area, including internet companies, retailers, consumer product companies, government contractors, healthcare companies, financial service firms, and educational institutions. Our reputational defense services include:

  • Anonymous / First Amendment defamation and infringement litigation
  • Anti-SLAPP litigation
  • Communications Decency Act and Stored Communications Act litigation
  • Defamation removal and retractions
  • Digital Millennium Copyright Act “take down” requests
  • Domain name re-grabbing and assignment
  • Non-disparagement agreements
  • Forensic analysis and investigation
  • Reputation, crisis management, and litigation counseling
  • Advertising, marketing, and consumer protection
  • Privacy and data protection

Members of our cross-practice team have been named as the leading practitioners by Chambers Global, Chambers USA and Chambers Europe, Class Action Law360, Competition Law360, the European and United States Legal 500, European Legal Experts, Best Lawyers, the Los Angeles Daily Journal and JUVE in Germany.

Crowell & Moring continues to publish and present on cyber reputation matters, including posts on its Data Law and Retail and Consumer Products Law Observer blogs. Those blogs track legal developments in this growing area and provide an early-warning system on problem issues.

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Insights

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On March 2, 2023, the Biden Administration released the 35-page National Cybersecurity Strategy (the “Strategy”) with a goal “to secure the full benefits of a safe and secure digital ecosystem for all Americans.”...

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