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Is It a 'Cyberattack' or a 'Data-Breach Incident'?

By Mark Mermelstein, Antony Kim and Robert Uriarte

While it is said that in war history is written by the victors. In the context of a highly publicized cyberattack, it's worth considering whether history can be written by the victims. The public thirst for information (and sensationalism) that typically results from the announcement of a cyberattack involving data theft provides an important opportunity for shaping the narrative surrounding the incident. But seizing on this opportunity requires a delicate balancing act. By providing too much information too soon, a victim may make damaging misstatements, and thereby incur legal liability. But by providing too little too late, a company can significantly impair its public goodwill and incur the wrath of regulators ' to say nothing of the plaintiffs' bar.

This article goes beyond the nuts and bolts of how to respond to a data-breach incident, and offers some lessons learned from the frontlines of the cybersecurity war to help companies successfully navigate the legal and public-relations minefield that ensues.

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