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Cybersecurity Litigators Privacy Technology Media and Telecom

Litigators and Privacy: The Last People You Want to See, or the First?

In their consideration of possible worst-case cyber attack scenarios, organizations often focus on the various types of attacks and their relative severity. But, the worst-case scenario is not the breach, it's the reputational damage, regulatory enforcement action, the business interruption, and the inevitable litigation that follows a poorly handled breach from an unprepared organization. Given this reality, it is important to adjust planning assumptions and response scenarios to focus on addressing these drivers of post-breach exposure.


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It is hardly news that cyber incidents are front of mind for companies. Whether costly data thefts, pernicious data manipulation attacks, or crippling ransomware or disruptive denial of service attacks, cyberattacks are trending toward greater frequency, severity and sophistication. Geopolitical tensions have further increased the risk. In fact, the New York State Department of Financial Services recently warned its regulated entities to be alert for an increased risk of malicious cyber activity directed at United States industries and government agencies by highly cyber-capable Iranian actors and proxies. The New York Times reports a 41% increase in 2019 in the number of files hacked in ransomware attacks, and notes that according to American authorities, several of these attackers have operated with the protection of their governments and have helped their governments by passing along hacked files.

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