FTC Gives Good Reason to Not (Try to) Hide Data Breaches

Why do I need to report a data breach? This is a common question that business owners ask me all of the time. In response, I rattle off a laundry list of reasons why reporting is not optional — but mandatory. This includes ethical stewardship and obligations, business and public relationship reasons, and finally legal …

Cybersecurity Risk: Law and Trends – Ethical Boardroom Article

The law is trending toward more risk of liability for Officers and Directors. Learn more about this from my recent article in Ethical Boardroom — full text available without paywall here: Cybersecurity Risk: Law and Trends. Learn more about the CyberGard Business Cyber Risk Management Program

Cybersecurity Presentation at ACFE 25th Annual DFW Fraud Conference

I am really looking forward to speaking to the 400+ attendees at the Association of Certified Fraud Examiners’ (ACFE) 25th Annual DFW Fraud Conference event on Friday, May 15, 2015. My address is titled Addressing the Most Current Cybersecurity Threats: Don’t Be the Next Victim. You can learn more about this event at this LINK …

Cybersecurity is a Top Concern for Corporate General Counsel

LawyersWeekly has found that cybersecurity is now one of the top 3 concerns of corporate general counsel. It should probably be the first, given the trend toward finding liability for officers and directors for cybersecurity incidents. See Growing Trend of Officer & Director Liability for Cybersecurity Incidents Here are my key takeaways from the LawyersWeekly article: General counsel’s …

Will Officers & Directors Be Held Legally Responsible for Companies’ Data Breaches and Cybersecurity Incidents?

Will Officers and Directors be held legally responsible for their companies’ data breaches and cybersecurity incidents? That is the question I addressed in Cybersecurity Risk: Law and Trends – A Director’s Duties Must Evolve With The Company’s, which was recently published in the Spring 2015 issue of Ethical Boardroom (see article below). The article is short …

New Podcast: #DtSR Episode 130 – Where Law and Cyber Collide

I really appreciate the #DtSR Gang [Rafal Los (@Wh1t3Rabbit), James Jardine (@JardineSoftware), and Michael Santarcangelo (@Catalyst)] inviting me to tag along for another episode of the Down the Security Rabbit Hole podcast. In this episode we discuss the following: Traveler’s Insurance files suit against a web development company for failing to provide adequate security, resulting …

Boards Had Better Start Paying Attention to Cybersecurity

Yesterday Forbes featured an excellent article that explained why it is important for companies to create Board-level committees to focus exclusively on the issue of cybersecurity. Here is just a teaser but I encourage you to read the entire article. Step one for every board is to understand that it is supposed to be offering oversight on …

Data Breach Judgment: Will Home Depot Be the One to “Get It”?

Will Home Depot be the one that’s “gonna get it”? Based upon the information we are learning, it could be. Way back in 2011 I wrote Data Breach — Who’s Gonna Get it? and it scared people. For good reason. In that piece I wrote of how one day, in the future, a company would come along that …

Is Your Business Following the 3 Steps the FTC is Requiring for Using Data Service Providers?

The Federal Trade Commission now requires businesses to take the following 3 steps when contracting with data service providers: Investigate. Obligate. Verify. Is your business following these steps? Investigate. Businesses are required to investigate by exercising due diligence before hiring data service providers. Obligate. Businesses are required to obligate their data service providers to adhere …

The SEC Will Begin Looking at Companies’ IT Security and Data Breach Response Policies

THE POINT: Recent statements from the SEC indicate that the new standard of care for companies may require policies in place for (1) prevention, detection, and response to cyber attacks and data breaches, (2) IT training focused on security, and (3) vendor access to company systems and vendor due diligence. Do you still think your …