In a landmark ruling, the Delaware Court of Chancery has recognized that corporate officers owe the company a legal duty of oversight, which has traditionally been an obligation solely of directors, and can be sued by shareholders for breach of that duty. In the cybersecurity and privacy context, what does this mean for Chief Information …
Tag Archives: Officer & Director Liability
Home Depot Data Breach Shareholder Derivative Suit Against Directors Fails
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 …
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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 http://www.slideshare.net/shawnetuma/secureworld-expo-dallas-cybersecurity-law-what-business-and-it-leaders-need-to-know The opening Keynote speaker for the event was Dr. Larry Ponemon of the Ponemon Institute. Dr. Ponemon delivered a fabulous …
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 …
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3 Key Points the Board Needs to Know About Cybersecurity
Officer and director liability for cybersecurity incidents is a hot topic. It will only get hotter because, when it comes to risks impacting the company, the buck stops at the Board of Directors. As it should. Cybersecurity and corporate governance law are converging to develop a duty for the Board to be involved in cybersecurity issues …
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Managing Cybersecurity Risks for Boards of Directors
In his latest Ethical Boardroom article, Shawn Tuma explains why it is important for board members to have an active role in their company’s cybersecurity preparation and tells them several key steps they can take to do so. Tuma also explains why cybersecurity is as much a legal issue and business issue as it is …
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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 …
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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
Bleak Cybersecurity Future: Data Breaches on Track to Cost Companies $2.1 Trillion
I recently posted about how corporate general counsel now view cybersecurity as a top 3 concern. At this rate, it will soon be their #1 concern. A recent article in Corporate Counsel gives several reasons for why this problem will only continue to increase in volume, expense, and overall risk to companies: Companies continue to move …

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