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Client Data in the Age of Digital Technologies and Cyber Warfare

By Tinamarie Feil

Ubiquitous news of law firm data breaches, even among BigLaw, spotlights a treasure trove of trade secrets, confidential and strategic transactions, and sensitive client information — all of which might be stolen from law firms for ransom, sale, insider trading, blackmail or hacktivist purposes. No wonder law firms are perceived to be attractive targets of cyber-attacks. Attractive? You can't help that. Easy? Not so fast. Don't let your firm be an attractive AND easy target!

With developing and aggressive governmental policies to combat cyber warfare alongside ethical and legal obligations to protect clients' technical, private and privileged information, lawyers must be competent and reasonable in their practice. For example, among the last things you need is an inadvertent electronic disclosure of confidential client data such as a customer list when working on a 363 sale. Your technical competence and the reasonableness of your efforts to thwart such a leak could lead to questioning by a governmental agency as well as to suffering punitive consequences.

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