Cookie/Privacy Notice


We make the connected world the protected world – rapidly, discretely.


For centuries, protecting real estate assets meant little more than providing for adequate physical security.  Lock your doors, put up a fence (or a moat), shine some lights (or a torch), hire a guard (or an army).

Things are a little more complicated today. 

In an increasingly connected and data driven universe, cybersecurity now poses equal, if not greater, risk to real estate assets than does physically securing real property. 

  • Building management systems - lighting, access control, heating and air-conditioning systems - are now all subject to cyberattack.

  • Real estate closings – historically done in person – are now generally done by email and subject to phishing scams.

  • Record keeping of sensitive personal and corporate data – previously done on paper – is now predominantly done electronically and subject to breach.

  • The movement of money – previously by check or cash – is now ubiquitously done by wire transfer or even cryptocurrency, and subject to diversion or fraud.

In a changing world, one thing remains constant.  Criminals do bad things.

Property managers, institutional investors, funds, lenders, borrowers, developers, brokers/agents, appraisers, multiservice real estate firms and others hold significant amounts of confidential third-party information in vast, tangled electronic communications systems and networks.  This may include personally identifiable information (social security numbers, addresses, etc.)  and/or confidential corporate information (tenant lists, financial models, appraisals, banking records, etc.) - all the type of information cybercriminals target.

Hackers are diverting funds with stolen wiring instructions, gathering and trading on information about pending real estate transactions, seizing electronic building controls, and duping untrained and unsuspecting employees to gain access to highly sensitive financial and personal data used in sophisticated real estate transactions.

Any real estate player saving confidential information about employees, customers, clients, or third-parties must assure confidentiality and security.  Real estate companies that use, collect, process or store identifiable information face potential liability from emerging privacy laws in the US and abroad.  In addition to common law principles, there is an increasingly complex and varied array of state, federal and international privacy laws which must be navigated and understood.

As the Pure Play in Real Estate Law®, Duval & Stachenfeld LLP is uniquely positioned to provide our commercial real estate clients with innovative structures, processes, and policies to enable them to comply with these increasingly complex (and often conflicting) regulatory environments. 

The services offered by the Real Estate Cybersecurity Practice Group include:

  • Managing communications with appropriate regulatory authorities

  • Preparation and development of and guidance on privacy policies, data retention protocols, data protection memoranda, and privacy impact assessments.

  • Ongoing GDPR compliance.

  • Advising on cybercrime and data breach insurance policies and claims.

  • Cybercrime incident preparedness, response, breach notifications, and related internal and external investigations.

  • Reviewing and analyzing customer and vendor agreements.

  • International data protection compliance programs and audits, and responses to government compliance reviews.

  • Disclosure of data to law enforcement authorities.

  • On site staff training and application of internal security protocols.

  • Managing and defending litigation stemming from data breaches, including class actions, shareholder derivative actions, securities fraud cases and regulatory enforcement actions.

At D&S, we know the real estate world, we know the connected world, and we know how to protect both.


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