The Cybersecurity Law Report

Incisive intelligence on cybersecurity law and regulation

Articles By Topic

By Topic: Information Governance

  • From Vol. 3 No.1 (Jan. 11, 2017)

    Ten Cybersecurity Priorities for 2017

    Even companies that have mature information security practices in place must exercise constant vigilance by reevaluating their needs and improving their approaches. The Cybersecurity Law Report spoke with several experts to find out what companies should be focusing on and how they should allocate time and resources when setting cybersecurity priorities for 2017. In this article, we outline the resulting top ten cybersecurity action items for companies to tackle to ensure a more secure new year. See also “Cybersecurity Preparedness Is Now a Business Requirement” (Feb. 17, 2016).

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  • From Vol. 2 No.22 (Nov. 2, 2016)

    Guide to Getting Your Security Program Certified Under ISO 27001

    Companies seeking guidance in the development and implementation of their information security programs are looking for a robust and recognized framework. The ISO/IEC 27001 standard offers exactly that, while also providing a useful evaluation process and valuable certification. In a guest article, Lionel Cochey, director of information of a large international law firm, provides a roadmap to the key aspects of the standard, the certification process, and the ongoing effort to remain certified on an annual basis. See also “Steps for Companies to Take This Week, This Month and This Year to Meet the Challenges of International Cyberspace Governance” (Mar. 30, 2016).

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  • From Vol. 2 No.19 (Sep. 21, 2016)

    What Private Companies Can Learn From the OPM Data Breaches

    The recent breaches of the U.S. Office of Personnel Management illustrate the importance of an effective information security program for businesses in both the public and private sector. A recently released exhaustive investigative report by the House Oversight and Government Reform Committee outlines findings and recommendations to help the federal government better acquire, deploy, maintain and monitor its information technology. “The [Report] is replete with recommendations that private sector entities should be considering seriously,” DLA Piper partner Jim Halpert told The Cybersecurity Law Report. This article summarizes the committee’s findings and examines valuable lessons applicable to both the public and private sectors. See also “White House Lays Out Its Broad Cybersecurity Initiatives” (Feb. 17, 2016).

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  • From Vol. 2 No.18 (Sep. 7, 2016)

    Navigating Online Identity Management’s Risks and Regulations

    As more time and money are spent online, identifying personal web presence is valuable in many ways for retailers, employers, and individuals. Online identity management (IdM) systems provide methods for generating and monitoring an individual’s internet presence. In a recent PLI webcast, Thomas J. Smedinghoff, of counsel at Locke Lord, explained how IdM systems work, how they are used, what risks they can create, as well as recent legal and regulatory developments that may affect the operation of such systems. See also “Managing Risk for the Internet of Things in the Current Regulatory Landscape” (May 11, 2016). 

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  • From Vol. 2 No.11 (May 25, 2016)

    A Guide to Developing and Implementing a Successful Cyber Incident Response Plan: Does Your Plan Work? (Part Three of Three)

    Many companies recognize that an effective incident response plan can go a long way towards mitigating the consequences of cybersecurity incidents. However, they often make simple mistakes in implementing these plans, largely because they lack a comprehensive strategy to combat persistent cyber threats. In this final segment of our three-part series on the topic, we explore common deficiencies in response plans, challenges companies face when implementing a plan, how to use metrics to troubleshoot and advocate for plan resources, and estimated costs associated with investigating and remediating the inevitable breach. The article features exclusive and in-depth advice from a range of top experts, including consultants, in-house and outside counsel. Part two set forth seven key components of a robust incident response plan. Part one covered the types of incidents the plan should address, who should be involved and critical first steps to take in developing the plan, including references to sample plans and practical resources. See also “Minimizing Breach Damage When the Rubber Hits the Road” (Feb. 3, 2016).

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  • From Vol. 2 No.11 (May 25, 2016)

    Do You Know Where Your Employees Are? Tackling the Privacy and Security Challenges of Remote Working Arrangements

    The growing number of individuals working remotely, telecommuting or traveling with increasing frequency has challenged the traditional business cybersecurity model. With the advent of new technologies that support remote working arrangements, the secure, clearly defined perimeter many organizations once enjoyed has become a bit less distinct. The Cybersecurity Law Report spoke to Heather Egan Sussman, a privacy and data security partner at Ropes & Gray, about the privacy and security implications for employees working remotely, both in the U.S. and abroad, and proactive measures companies can take to ensure proper protections are in place and that they are compliant with the relevant laws. See also “How to Reduce the Cybersecurity Risks of Bring Your Own Device Policies”: Part One (Oct. 14, 2015); Part Two (Nov. 11, 2015).

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  • From Vol. 2 No.10 (May 11, 2016)

    A Guide to Developing and Implementing a Successful Cyber Incident Response Plan: Seven Key Components (Part Two of Three)

    Organizations today face an overwhelming volume, variety and complexity of cyber attacks. Regardless of the size of an enterprise or its industry, organizations must create and implement an incident response plan to effectively and confidently respond to the current and emerging cyber threats. In this second part of our three-part series on the topic, we examine the seven key components of a robust incident response plan, with exclusive and in-depth advice from a range of top experts, including consultants, in-house and outside counsel. Part one covered the types of incidents the plan should address, who should be involved and critical first steps to take in developing the plan, including references to sample plans and practical resources. Part three will explore implementation of the plan, evaluating its efficacy, pitfalls, challenges and costs. See also “Minimizing Breach Damage When the Rubber Hits the Road” (Feb. 3, 2016).

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  • From Vol. 2 No.9 (Apr. 27, 2016)

    A Guide to Developing and Implementing a Successful Cyber Incident Response Plan: From Data Mapping to Evaluation (Part One of Three)

    Many organizations are coming to terms with the troubling fact that they will fall victim to a cyber attack at some point, if they have not already. An effective incident response plan can be one of the best tools to mitigate the impact of an attack – it can limit damage, increase the confidence of external stakeholders and reduce recovery time and costs. The Cybersecurity Law Report spoke with a range of top experts, including consultants, in-house and outside counsel, who answered some of the tougher practical questions that are typically left unanswered in this area. They shared in-depth advice on the subject based on their own challenges and successes. In the first article of this three-part series, we cover what type of incident the plan should address, who should be involved and critical first steps to take in developing the plan, including references to sample plans and practical resources. Parts two and three will examine key components of the plan, implementation, evaluating its efficacy, pitfalls, challenges and costs. See also “Minimizing Breach Damage When the Rubber Hits the Road” (Feb. 3, 2016).

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  • From Vol. 2 No.7 (Mar. 30, 2016)

    Steps for Companies to Take This Week, This Month and This Year to Meet the Challenges of International Cyberspace Governance

    The borderless nature of cyberspace demands adequate global security and governance, and companies must protect their data across jurisdictions. At the recent 2016 RSA Conference, experts explored the challenges of global cybersecurity and governance; identified key efforts to address these issues; provided nine practical steps companies should be taking now to protect themselves; and examined the cybersecurity laws of 13 countries. The panel featured Alan Charles Raul, a Sidley Austin partner; John Smith, Raytheon vice president, legal, cybersecurity and privacy; and Michael Sulmeyer, director of the Cyber Security Project at Harvard Kennedy School’s Belfer Center. See also “Deal Struck to Maintain the Transatlantic Data Flow” (Feb. 17, 2016).

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  • From Vol. 1 No.15 (Oct. 28, 2015)

    MasterCard and U.S. Bancorp Execs Share Tips for Awareness and Prevention of Mushrooming Cyber Risk (Part Two of Two)

    With threat vectors increasing at least as rapidly as new technology, companies need to be well-versed in how to recognize and prevent cyber attacks.  In the second installment of our coverage of PLI’s recent Cybersecurity 2015: Managing the Risk program, two top-level executives and leaders in cybersecurity, Jenny Menna, U.S. Bank’s cybersecurity partnership executive, and Greg Temm, vice president for information security and cyber intelligence at MasterCard, tackle mitigating cyber risk.  They discuss, among other things: information sharing efforts; eight important components of an information technology ecosystem; and how to prevent cyber attacks at home and in the office.  In the first article in the series, they addressed the current cyber landscape, prevalent threats, and responses to those threats that are being implemented by the government, regulators and private companies.  See also “Weil Gotshal Attorneys Advise on Key Ways to Anticipate and Counter Cyber Threats,” The Cybersecurity Law Report, Vol. 1, No. 4 (May 20, 2015).

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  • From Vol. 1 No.13 (Sep. 30, 2015)

    Protecting the Crown Jewels Using People, Processes and Technology 

    Guarding against a cybersecurity breach is no longer just a technology issue – heightened encryption and firewall technology is not a panacea for all potential cyber threats.  Instead, adequate countermeasures against cybersecurity threats today require companies to also look to their people and their processes.  During a recent webinar, Pamela Passman and Allen N. Dixon, compliance and IP protection experts at CREATe.org, discussed the current cyber threat landscape, along with practical ways businesses deploy people, processes and technology to get ahead of cyber risks and successfully prevent or neutralize internal and external threats across their entire organization.  The panelists provided steps companies can take to identify and protect their most important corporate assets and address risks from insiders, competitors and third parties by effectively training, managing and monitoring their people, processes and technology.  See also “Strategies for Preventing and Handling Cybersecurity Threats from Employees,” The Cybersecurity Law Report, Vol. 1, No. 1 (Apr. 8, 2015). 

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  • From Vol. 1 No.4 (May 20, 2015)

    Weil Gotshal Attorneys Advise on Key Ways to Anticipate and Counter Cyber Threats

    How to handle five data privacy danger zones; the board’s role in cybersecurity; public relations strategies after a breach; and clauses to include in cloud vendor contracts were among the hot topics Weil, Gotshal & Manges attorneys discussed at a recent conference.  Partners Carrie Mahan Anderson, Jeffrey S. Klein, P.J. Himelfarb, Jeffrey D. Osterman and Michael A. Epstein shared their advice in the panel discussion.

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  • From Vol. 1 No.1 (Apr. 8, 2015)

    How Can a Company Mitigate Cyber Risk with Cross-Departmental Decisionmaking?

    A lack of coordination among company units can be detrimental in many business areas, but when it comes to cybersecurity, isolated actions and decisions can pave a clear path to a data breach, and exacerbate the legal ramifications of that breach.  In a guest article, Jennifer Topper of Topper Consulting explains: why cross-functional decisionmaking is so important in cybersecurity; how to make the business case for investing in proactive cyber planning; how to integrate the cybersecurity program; how to create a multidisciplinary group of stakeholders; and the role of the general counsel in information governance.

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