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How Should Directors Respond to the SolarWinds Attack
It is no surprise that the SolarWinds cyberattack of December 2020 continues to be in the news on a daily basis. Why? First, it was likely a sophisticated nation-state attack. It likely affected upwards of 18,000 clients of SolarWinds. It definitely affected many United States Government agencies also. The attack was sneaky and continues to be very hard to find on affected networks. Most importantly, it happened in an area that many people had not previously considered a risk — a regular update on a critical vendor software package that many companies have installed, get regular updates on, and, when updates are issued, they just press the button to stay "install."
This article is not about "who did what wrong" or "what nation-state commenced this attack." There are enough of those articles around. What this article is really more about is, "if I am a Director, what should I be thinking about the SolarWinds attack?" Indeed as noted by former SEC Commissioner Luis Aguilar on cybersecurity:
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The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Major Differences In UK, U.S. Copyright Laws
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
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Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Warehouse Liability: Know Before You Stow!
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.