Will Home Depot be the one to "get it"?

Home Depot Data Breach Shareholder Derivative Suit Against Directors Fails

Will Home Depot be the one to "get it"?Officers and directors of companies that have had data breaches have become targets of litigation through shareholder derivative claims since the consumer class-action claims have had a difficult time making it past the causation of harm threshold. Those officers and directors may now sigh in relief, if only briefly, following a November 30, 2016, ruling by the District Court in the Home Depot Shareholder Derivative Litigation dismissing the shareholders’ claims against the officers and directors. (Court’s Order) Continue reading “Home Depot Data Breach Shareholder Derivative Suit Against Directors Fails”

Yes, Officers & Directors Can Be Held Personally Liable for Their Company’s Data Breach – Here’s Why

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“Can I be held personally liable for my company’s data breach?”

That is one of the questions I am asked many times by officers and directors of companies.  For companies doing business in Texas, the answer could be “YES!” although the usual reasons provided are not nearly as straightforward as the one discussed in the video below.

***Please note, this analysis applies only to officers and directors, not regular employees of a company.

Continue reading “Yes, Officers & Directors Can Be Held Personally Liable for Their Company’s Data Breach – Here’s Why”

SecureWorld Presentation: Cybersecurity Legal Issues: What You Really Need to Know

Shawn Tuma delivered the presentation Cybersecurity Legal Issues: What You Really Need to Know at SecureWorld Expo Dallas on September 27, 2016. The following are the slides from Tuma’s presentation.

Download: Cybersecurity Incident Checklist

Continue reading “SecureWorld Presentation: Cybersecurity Legal Issues: What You Really Need to Know”

Cybersecurity Legal Issues: What you really need to know (slides)

Shawn Tuma delivered the presentation Cybersecurity Legal Issues: What you really need to know at a Cybersecurity Summit sponsored by the Tarleton State University School of Criminology, Criminal Justice, and Strategic Studies’ Institute for Homeland Security, Cybercrime and International Criminal Justice. The presentation was on September 13, 2016 at the George Bush Institue. The following are the slides from Tuma’s presentation — a video of the presentation will be posted soon!

Continue reading “Cybersecurity Legal Issues: What you really need to know (slides)”

Cybersecurity: How Long Should An Incident Response Plan Be?

Last evening I had the pleasure of talking cybersecurity law with a group of CIOs from some pretty sophisticated companies. It was a great discussion and I learned as much as I shared — just the way I like it. During our discussion, the subject of Incident Response Plans came up and I explained why these are now a must-have.  Continue reading “Cybersecurity: How Long Should An Incident Response Plan Be?”