The Legal Side of Data Breach and Third Party Risk (presentation slides)

I presented at the Institute of Internal Auditors 9th Annual Fraud Summit on The Legal Side of Data Breach and Third Party Risk. My co-presenter was Christopher Mitchell of Crowe Horwath. The following are the presentation slides used for my part of the presentation. Key Takeaway: Your company is still responsible for a data breach …

What did Sun Tzu teach about cybersecurity?

Sun Tzu taught that, when it comes to cybersecurity, you must be wary of your business associates and other third parties. Why? Have you heard of the national retailer that what was hit with a perfectly timed cyber attack on Black Friday ’13 that resulted in credit card data from roughly 110 million customers being taken? That …

Why is PNC Bank Accusing Morgan Stanley of Corporate Espionage and Trade Secret Theft?

I often write about corporate espionage and trade secrets but I bet some of you may still be trying to imagine real-world scenarios that demonstrate exactly what those terms mean and how they apply. Let me tell you a story and see if it helps it make more sense. Let’s Talk About Your Business Let’s say …

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 …

Executives – Are You Ready to Lead Your Company Through a Data Breach?

I have handled several data breach incidents for clients as their breach response counsel and, while we have an effective process to implement to help keep clients out of legal hot water, that really is not the most important aspect of handling the incident. The most important issue is how the incident will impact the …

Read this explanation of cyber espionage and how it impacts YOUR company

This morning I read an article that I am sharing because it is, in essence, a very high-level overview of the theme of the presentations that Jarrett Kolthoff, David Major, and I recently delivered at the Combating Corporate Espionage: Protecting Your Organization From “hackers, insiders & fraudster” seminar. The article is Blame game: Cyber espionage from …

Combating Corporate Espionage Seminar – Prezi and a few thoughts

Today I had the honor of speaking at the Combating Corporate Espionage: Protecting Your Organization From “hackers, insiders & fraudster” seminar with Jarrett Kolthoff and David Major. Jarrett is the CEO of SpearTip Cyber Counterintelligence; he and I have worked together quite a bit so he first impressed me long ago with the depth of his …

Presentation slides for Parenting Paper<less Conference on Digital Information Law Issues

Yesterday I had the wonderful opportunity to speak at the Parenting Paper<less – Technology and Single Parenting Conference 2013 and all I can say is the audience was amazing. I discussed the digital information law issues including social media law and intellectual property law (with a dose of contract law!). The audience was so engaged, so …

Responsiveness and Responsibility Are Considered in Assessing Data Breach Fines

About a year and a half ago I wrote a post titled Data Breach – Who’s Gonna Get it? where I made the point that, much like with Ford’s “bean counting” with the Pinto deaths back in the ’70s, companies that were aware of the risk of data breach but did not act responsibly were …

This Is Why Your Business Needs Cyber Insurance Coverage

Unless your business is selling home-grown vegetables out of a truck on the side of the road, you need to seriously consider getting insurance that covers cyber risks. Why? Because most insurance companies will not willingly cover cyber-related losses under their conventional insurance policies. Trust me, I have fought this battle before! A recent case …