Safeguarding Client Data: An Attorney's Duty to Provide 'Reasonable' Security
May 01, 2019
Effective cybersecurity requires an ongoing, risk-based, comprehensive process that addresses people, policies and procedures, and technology, including training. Effective security also requires an understanding that security is everyone's responsibility and constant security awareness by all users of technology.
New York's Cyber Regulation Two Years Later: We've Only Just Begun
May 01, 2019
<b><i>The Conclusion of the “Transitional Period” for New York's Cybersecurity Regulation Marks the Beginning, Rather Than the End, of an Organization's Compliance Efforts</b></i><p> Financial institutions will have to certify annually that their internal controls and cybersecurity practices remain up to snuff. And now that the transitional periods for implementing the cyber regulation have passed, covered institutions will need to certify that they have complied with each provision.
Getting Ready for Wide-Ranging Reach of California's Data Privacy Law
May 01, 2019
The CCPA is the first of its kind, generally applicable data protection law in the United States. What makes the CCPA unique is not only its applicability to companies like those in the entertainment and media industries, but also the rights it provides to consumers regarding their personal information (PI).
Carrot Replaces Stick: Corporate Crime Enforcement In the Trump Administration
May 01, 2019
Elections have consequences, and the election of President Trump has resulted in a significant shift in law enforcement priorities. Corporate enforcement activity is at lows not seen in decades, despite an overall increase in federal criminal cases. This is a product of a change in priorities, both in terms of types of offenses and types of offender. So, for the time being, there will be almost unprecedented opportunity to achieve favorable resolutions for corporate clients.
Is Cyber-Risk Insurable?
April 01, 2019
In an environment of moving targets, it seems unimaginable that insurance against cybersecurity attacks can be robust enough to provide real protection. There are many types of risks involved, and some include physical damage to property.
The Principles of Good Cyber Risk Management
April 01, 2019
Apart from headline grabbing attacks, we are now seeing an epidemic of cyber attacks. Concern has shifted from dealing with data being stolen and sold on the dark Web to handling serious ransomware and destructive attacks, where attackers are looking for immediate monetary output.
