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The Legal Reality of a Cyber Security Breach

Legal Reality of a Cyber Security Breach

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Page 1: Legal Reality of a Cyber Security Breach

The Legal Reality of a Cyber Security Breach

Page 2: Legal Reality of a Cyber Security Breach

Today’s Speakers

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Adam MeyerChief Security StrategistSurfWatch Labs

Eran KahanaSpecial CounselMaslon LLP

Page 3: Legal Reality of a Cyber Security Breach

Been Breached? Get Ready for Lawsuits

• Lawsuit alleges data breach at Trump International

• FTC can sue companies with poor information security

• Target Reaches Settlement with Banks

• Sony Settles Over Hack Attack

• Excellus Faces Breach-Related Lawsuit

• Ashley Madison Breach Triggers Lawsuits

• OPM Sued Again… This Time by a Judge

• Neiman Marcus ruling just made it easier to sue companies that get hacked

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Page 4: Legal Reality of a Cyber Security Breach

Become Defendable in the Court Room

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• Due diligence – what is reasonable care?

• Point-in-time checks are only good at that point in time!

“We believed we were doing things ahead of the industry.

We thought we were well-positioned.”

- Frank Blake, Chairman of Home Depot

Page 5: Legal Reality of a Cyber Security Breach

Cybercriminals are Targeting Your Information So Plan Accordingly

• What information of yours is valuable to a cybercriminal?

• What cyber defenses are in place to reduce risk?

• What checks are in place to ensure processes and tools are doing the job?

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Page 6: Legal Reality of a Cyber Security Breach

Burying Your Head in the Sand is Not a Viable Defense

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Common Responses that Fail in Defense Strategy• We didn’t know

• We don’t have the resources to address it

• We outsource our cybersecurity

Page 7: Legal Reality of a Cyber Security Breach

Your Information is Actively Being Sold on the Dark Web

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Page 8: Legal Reality of a Cyber Security Breach

Cybersecurity is NOT an IT Problem; It’s a Business Problem

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• Cyber attacks are #1 source of IP theft (Merrill Lynch)

• 86% of executives list major cyber concerns around M&A activity (Global Capital Confidence Barometer survey)

• Cybersecurity should be measured just like financials, sales, etc.

• Cyber threats must be tied to impact on business operations (IT, security, legal, fraud, risk management)

Page 9: Legal Reality of a Cyber Security Breach

Cybersecurity Accountability Rests with the C-Suite

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“… boards that choose to ignore, or minimize, the importance of

cybersecurity oversight responsibility, do so at their own peril.”

- Luis A. Aguilar, SEC Commissioner

Page 10: Legal Reality of a Cyber Security Breach

The Same Old Cybersecurity Approach Puts You at Risk

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• A point in time risk assessment is only useful AT THAT POINT IN TIME

• Cyber threats are dynamic

• Continuous outward-looking visibility and understanding is key to know what’s coming your way

• Business units must be tied in to properly manage cyber risk

Page 11: Legal Reality of a Cyber Security Breach

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Page 12: Legal Reality of a Cyber Security Breach

SurfWatch Labs: Your All-in-One Threat Intelligence Solution

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We Do the Heavy Lifting So You Can Run Your Business• Combination of Analytics, Products and

Human Experts Guide You to Make the Most Effective Security Decisions

• Tie Your Relevant, Critical Risks to the Impact on Your Business Operations (IT, Security, Legal, Fraud, Risk Management)

• Ensure Continuous Risk Monitoring of Traditional and Dark Web Threats to Your Business

• Receive Prioritized Threat Mitigation Best Practice Recommendations

Page 13: Legal Reality of a Cyber Security Breach

Q&A and Additional SurfWatch Labs Resources

Solution Information:

• SurfWatch Cyber Advisor info.surfwatchlabs.com/SurfWatch-Cyber-Advisor-Datasheet

• SurfWatch Cyber Advisor with Dark Webinfo.surfwatchlabs.com/dark-web-service-brochure

Sample Dark Web Intelligence Report:info.surfwatchlabs.com/dark-web-report

Request a Demonstration:info.surfwatchlabs.com/request-demo

Learn how to Tie Threat Intelligence to Your Business Risk

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Page 14: Legal Reality of a Cyber Security Breach

Thank You!

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