John Floyd (left) and Kamal Ghali of Bondurant Mixson & Elmore, Atlanta. (Courtesy photos)
As some of the biggest companies in the U.S. have learned firsthand, corporate data breach victims often find themselves scrambling to recover their data after a malicious cyberattack. Whether it comes to the theft of trade secrets, proprietary source codes, detailed manufacturing processes or even embarrassing emails, companies often have a limited range of options for actually getting their stolen data back. One powerful—but often overlooked—vehicle for potentially recovering stolen data is the Georgia Racketeer and Influenced Corrupt Organizations Act’s unusually robust civil remedy provision.
Consider, for example, an all too familiar set of scenarios involving malicious insiders: An employee downloads troves of data before leaving the company; a current employee remotely conducts late-night downloads of valuable company information for no obvious work-related reason; or a disgruntled insider threatens to disclose sensitive data unless his settlement demands are met. By the time the company finds out, the insider may have already transmitted the data to third parties. To make matters worse, such insiders may be storing company data in personal laptops, various storage drives, email accounts, cloud-based servers, and other places beyond the immediate reach of the company.
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