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Data Breaches: Why Prevention Isn't Enough
Cyberattacks and data breaches are an all-too-common fact of modern business. The news is full of stories about major U.S. banks and retailers being hacked, and the perpetrators are stealing the financial and personal information of clients, customers and others. While the masterminds and motives behind such attacks are not always immediately apparent, one thing is clear: Counsel must understand that traditional network security approaches are no longer enough. Firewalls and intrusion-prevention systems have become mere nuisances for determined hackers. In many instances, the malware and method of attack are more sophisticated than normal preventative measures can account for. This means that companies must accept the fact that data breaches could happen to them, regardless of the strength of their protective approaches.
That's why it is more important than ever that organizations be prepared to respond to a data breach. When asymmetric attacks occur, companies and institutions need to respond effectively, and the legal department must be closely involved. It should be proactively planning and thinking about many different issues. What kind of incident response plan should be in place following a breach? What should be included in the plan? Who should execute the plan? What is the proper blend of legal and IT responsibilities? How will the company respond to the inevitable lawsuits and investigations that follow?
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.