Cyber-Risk & Data Breach

Please note our 24/7/365 toll-free number and email address.

833-PF-SHHH (833-737-7444)
cyber@pierferd.com

Stu has significant experience acting as data breach counsel to companies in multiple verticals including professional services, retail, hospitality, financial institutions, technology and healthcare. Stu leads breach response investigations including working with his clients’ internal IT and digital forensics to provide legal advice on the nature of the occurrence, scope of data exfiltration, obligations to notify impacted consumers and/or state and federal government regulators as well as contractual obligations to report to the Payment Card Industry (PCI). As breach counsel, Stu is networked with quality breach response vendors (IT, forensics, e-discovery, public relations, breach notification and others) and coordinates them in data breach response efforts including print and email notification, call-center management, credit monitoring and restoration services, and other cyber-incident response activity.

Stu also provides legal counsel related to pre-breach cyber-risk preparedness including drafting incident response planning documents, hosting mock-breach “tabletop” presentations to clients, opining on privacy and data and information security company policies as well as reviewing technology vendor/provider contract agreements and scope documents.

Technology Errors & Omissions

Stu represents a multitude of IT professionals, software developers and other tech-sector enterprises in the defense of third party claims of errors and omissions arising out of the performance of technology services, technology products, application vulnerability, “scope creep” and other technology performance issues.

Cyber Insurance

Stu Panensky was one of the earliest attorneys to provide advice to the insurance industry on insuring electronic data, information security, network extortion, and other cyber-risk issues. In that capacity, Stu offers insurers advice on stand-alone cyber insurance policy provisions, cyber endorsements to other commercial policies as well as exclusions and related provisions. Stu also authors cyber-insurance coverage opinions and counsels insurers on all cyber-coverage issues including representing insurers in the prosecution of or defense of declaratory judgment actions.

Design Professional Liability & Construction

From the earliest days of his career, Stu Panensky has represented design professionals (architects & engineers) as well as construction managers, general contractors and subcontractors and owners/developers from allegations of design malpractice and construction defect. Stu has acted as lead counsel to target defendants in large and complex construction-related litigation. Stu has defended a variety of causes of action against design professionals and contractors including negligence/professional negligence, breach of contract, consumer fraud, breaches of warranty and construction/building code violations. Stu’s construction litigation experience has involved commercial developments including small and mid-rise towers, bridges, amusement parks, indoor sports facilities, retail complexes, land redevelopments, pre-engineered structures, and residential homes and multiple-unit dwellings.

Stu has extensive experience in advising architects, engineers, and contractors on sensitive risk-transfer issues including contractual indemnification, contribution and additional insurance. Stu has also represented construction product manufacturers in product liability/ defect litigation. Finally, Stu also handles construction site bodily injury claims.

Environmental

Stu Panensky frequently defends companies whose business interacts with hazardous material, contamination and pollution. Stu has represented environmental professionals, cleanup contractors, oil & gas delivery providers and licensed and unlicensed site remedial specialists from claims of New Jersey Spill Act and CERCLA violations, negligent contamination, compliance issues, natural resource damages and cost recovery/contribution.

Miscellaneous Professional Liability

Stu has diverse experience representing other miscellaneous professionals from malpractice claims including title / escrow agents, insurance producers, realtors, banking professionals, land surveyors, financial service providers and other professionals and specialists.

General Liability

Stu has litigated scores of commercial general liability matters in all phases of civil litigation in multiple jurisdictions up through and including both jury and bench trials. He has significant experience in premises liability, trucking/ commercial auto liability, homeowner-association liability, subrogation, and other general tort and contract liability.