ARTICLE
26 February 2021

Nota Bene Episode 114: The New Global Business Of Cyber Attack, From Ransomware To A Now-Ubiquitous State Of Breach With Kari Rollins

SM
Sheppard, Mullin, Richter & Hampton LLP

Contributor

Businesses turn to Sheppard to deliver sophisticated counsel to help clients move ahead. With more than 1,200 lawyers located in 16 offices worldwide, our client-centered approach is grounded in nearly a century of building enduring relationships on trust and collaboration. Our broad and diversified practices serve global clients—from startups to Fortune 500 companies—at every stage of the business cycle, including high-stakes litigation, complex transactions, sophisticated financings and regulatory issues. With leading edge technologies and innovation behind our team, we pride ourselves on being a strategic partner to our clients.
Cyber attacks have become big business, from the standpoint of both the attackers and attorneys pursuing liability compensation from corporate attack victims.
United States Corporate/Commercial Law
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02.23.2021

Cyber attacks have become big business, from the standpoint of both the attackers and attorneys pursuing liability compensation from corporate attack victims. Threat actors range well beyond hacker cults of old, now including sophisticated state actors, large businesses organized for the very purpose of cyber breach and theft, and complex threat networks that aggregate information formerly treated as innocuous.  Ransomware is changing the state of cyber insurance, and both National and State regulations across the globe are entering the field to govern the conduct of business victims in this climate, both in terms of ransom payments themselves, and subsequent obligations to persons whose information goes out the pipes.  Breaches, in short, are now a ubiquitous part of the multinational business landscape, and failing to test system vulnerability can present existential risk to any global business organization.   We're joined by attorney and cybersecurity expert Kari Rollins to discuss what companies can, and in some cases must, do to prepare for a potential cyberattack.

Kari M. Rollins is a partner in the Intellectual Property Practice Group and an Office Managing Partner of the Sheppard Mullin New York office. Kari focuses on data privacy and data security, and complex commercial litigation matters. She has successfully represented clients in the financial services, audit and accounting, retail and fashion, food services, hospitality, manufacturing, and technology industries before state and federal courts, as well as in front of state attorneys general, federal regulators, and U.S. and international commercial arbitration forums.

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What We Discussed in This Episode:

  • What are 5 truisms companies should understand when evaluating cybersecurity or data breach risks?
  • Are there certain types of businesses that are at greater risk for attacks?
  • How can you best understand and abide by your security and privacy obligations as a business?
  • Regardless of the systems in place, how can companies account for human error?
  • Why training, auditing, and compliance with cybersecurity standards should be part of any incident response plan?
  • What are some of industry-specific audit and compliance obligations?
  • How can you prepare your “cybersecurity story”?
  • Can there be more than one threat actor involved in an attack?
  • What are several preparedness steps to avoid modern developments in ransomware?
  • For companies that are attacked, how can they make proper payment in order while avoiding further attacks?

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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