The cybersecurity breaches this month of Equifax and Deloitte—both firms that tout the value of their data and security acumen—show that no company is immune to hacking. But there is one thing that smart companies can do, both before and during a breach, and that is to develop and deploy…
Cybersecurity Lawyer Forum
For Small Businesses: The Current Landscape of Cybersecurity Law
Small businesses understand that they are challenged with all the cybersecurity issues that large companies face. But often they fail to act preemptively under the false assumption that the resources of a large company are necessary to manage cyber threats. Small businesses are often surprised to learn that effective cybersecurity…
HBO Hack Illustrates That It’s Hard to Tell Exactly What’s Been Compromised
There may be much more missing than the headlines suggest. Some 30 million people watched the Season 7 premiere of “Game of Thrones,” according to its creator, HBO. It’s one of the hottest media properties in years. The popularity of the show, and HBO’s other properties, made HBO the perfect…
Why Data Security Is So Hard (and what to do about it)
It’s ironic: when global threats are in the news every day, their ubiquity makes them easy to ignore. Whether they be political threats, climate threats, or data security threats, we can become numb to ever-present risk. Add in the chorus of advice from the growing number of providers, and even…
Beyond Breach Notification
Ever since California adopted the nation’s first breach notification law in 2002, companies that have suffered a data breach have focused on whether and how to notify their customers, employees and others of the nature and extent of the breach. California’s law has been amended multiple times, and has been…
Middle-Market Companies Require a Customized Approach for Successful Cybersecurity
Middle-market companies have cultures, goals and business needs that are distinct from larger firms, and nowhere is that more true than with cybersecurity. Fortune 500 companies and brands with household names are much more likely to recover their reputations following a data breach. While breaches are costly in financial terms…
Cybersecurity Lawyer — Beyond Tabletop Exercises: Running a Data Breach Drill
You spent valuable time and resources crafting a cybersecurity breach action plan. You’ve assembled a multidisciplinary response team. You’ve identified who is responsible for what, and what decision-tree will go into effect. The plan has been circulated. You’ve even engaged a separate law firm that will be on call in…
Cybersecurity Programs and the FTC – Staying out of Harm’s Way
While there is no nationwide cybersecurity program, the Federal Trade Commission has brought more than 50 actions claiming that the cybersecurity practices of a variety of companies in a variety of industries. While these actions have primarily been administrative and resulted in settlements, and the specifics of each order apply…
Professional Service Firms Ignore Cybersecurity at Their Peril
Cybersecurity horror stories tend to focus on government agencies, retail outlets, health care institutions, and other companies serving consumers. But business professionals such as lawyers, accountants and business managers are increasingly at risk of attack, and may be less prepared to handle a cyber assault. Late last year, three Chinese…
Engaging Cybersecurity Counsel Early – It’s the Right Choice
Last year, SEC Chair Mary Jo White named cybersecurity as the biggest risk facing financial markets. But the risk isn’t limited to the financial industry – even a casual review of breach reports in the mainstream press shows that cybersecurity is a risk common to all companies in any industry.…