When it happens to you: How to navigate a payment card breach

What steps can companies take to mitigate this exposure and respond in the event of a breach?

Last year’s statistics are in, and they once again show that data security breaches remain a pervasive risk. For instance, Privacy Rights Clearinghouse reported that 613 of the 4,176 publicly announced data breaches between 2005 and 2013 occurred last year. Many, and certainly the ones that attract much publicity, involve attacks on payment card information. Yet the media often fails to mention one of a merchant’s greatest potential exposure risks: the contractual web through which card brands, like Visa and MasterCard, may try to impose assessments for card rules’ violations on victimized merchants.

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James DeGraw

James DeGraw is a corporate partner in Ropes & Gray’s technology group and a member of Ropes & Gray’s technology, media & telecommunications...

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Michelle Visser

Michelle Visser is a business & securities litigation associate based in Ropes & Gray’s San Francisco office. She focuses on complex business litigation matters, including...

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Anne Johnson Palmer

Anne Johnson Palmer is a business & securities litigation associate based in Ropes & Gray’s San Francisco office. She represents clients in securities and complex...

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