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The Intersection of Cybersecurity, Business, and Law

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Cybersecurity Legal Year in Review – #DtSR Podcast

Do not miss this podcast discussing key cybersecurity legal events from 2015. Shawn Tuma joined the DtSR Gang [Rafal Los (@Wh1t3Rabbit), James Jardine (@JardineSoftware), and Michael Santarcangelo (@Catalyst)] on the Down the Security Rabbit Hole podcast.

In this episode…

  • Most important cybersecurity-related legal developments of 2015
    • Tectonic Shift that occurred with “standing” in consumer data breach claims
      • Discussion of law prior to Neiman Marcus case, and post-Neiman Marcus
      • Does this now apply to all consumer data breach cases?
      • Immediate impact? Companies now liable?
      • Lesson is in seeing the trend and how incrementalism works
      • Michaels & SuperValu case dismissals in light of Neiman Marcus
  • Regulatory Trends
    • FTC & SEC gave hints in 2014, post-emergence of Target details
    • Wyndham challenged authority – came to fruition in August 2015
    • SEC not far behind – significant case in September 2015
    • Aggressiveness of FTC is substantial – FTC v. LabMD … all over LimeWire
  • Officer & Director Liability
    • 2014 – SEC Comm. fired the warning shot … pointed the finger
    • Shareholder derivative litigation
    • Individual liability of IT / Compliance / Privacy “officers”
  • Anticipated 2016 Legal Trends
    • Regulatory enforcement … which, by the way, is why NIST is becoming default
    • Shareholder Derivative – much more likely than consumer class actions at this time
    • Lessons from both of these: when you need to persuade the “money folks” that they need to act, mention D&O Liability (especially Caremark) and Regulatory focus on individuals … now they’re in the cross-hairs
    • Realization that cybersecurity is more of a legal issue than anything else (IT or business) b/c it is the legal requirements and consequences that ultimately drive everything

Go HERE to listen to the Podcast!

Dear Santa: Shawn Tuma’s Cybersecurity Christmas Wish

 

Rockefeller_Center_christmas_tree
Shawn Tuma’s Cybersecurity Christmas Wish

My friends at SecureWorld asked me to do something I have not done since I was a kid. They asked me to write a letter to Santa and tell him what my one cybersecurity Christmas wish would be.

What is my wish?

Here is a hint: it is for business leaders to begin to understand one particularly crucial thing about cybersecurity incidents — one thing that could really help get their companies prepared for the cybersecurity risks they face.

If you want to know what that one thing is, all you have to do is read my letter to Santa: Cybersecurity Wishes: Shawn E. Tuma

______________________

Shawn Tuma (@shawnetuma) is a business lawyer with an internationally recognized reputation in cybersecurity, computer fraud and data privacy law. He is a Cybersecurity & Data Protection Partner at Scheef & Stone, LLP, a full-service commercial law firm in Texas that represents businesses of all sizes throughout the United States and, through its Mackrell International network, around the world.

 

SecureWorld Webinar: Data Protection Pitfalls to Avoid

You are welcome to attend a complimentary SecureWorld webinar with these featured presenters:

  • Aliki Liadis-Hall, Director of Compliance, North American Bancard
  • Jason Hart, CTO of Data Protection, Gemalto
  • Shawn Tuma, Cybersecurity & Data Protection Partner, Scheef & Stone, LLP
  • Kim L. Jones (moderator), Sr. Vice President & CISO, Vantiv

The webinar is sponsored by Gemalto, qualifies for CPE Credits, and will take place on Thursday, December 10 at 12 pm CST but if you are unable to attend, you can access the recording as well.

You can learn more about, and register for, the webinar at this LINK.

Cover the Basics for Securing Your Network — Shawn Tuma’s Book Contribution

Securing Your NetworkShawn Tuma authored a section for an eBook published by Fortinet Security. You can read Tuma’s section, Cover the Basics, as well as download the complete eBook at this link: Cover the Basics- by Shawn E. Tuma | MightyGuides.com

Is your business prepared to respond this quickly to a data breach?

Customers and the public expect a very quick response to a data breach — within a matter of a few days. That is the new standard. If your business is not prepared ahead of time for such a response, it will be impossible. Your business needs a response plan in place with all of the key players on the team, vetted and tested, well before the breach occurs.

At one popular panel, “A Brave New World: Cybersecurity and Data Protection in the Wake of Recent Corp­orate Attacks,” lawyers learned that their customers and the public expect a rapid-fire response to cybersecurity attacks.Moderator Miriam Wugmeister, a New York partner at Morrison & Foer­ster, cited Target Corp.’s notification of 40 million people in four days after its 2013 data breach. Target is a client of the firm. “That’s where the bar has been set,” Wugmeister said.

Source: In-House Anxiety Over Cybersecurity | National Law Journal

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