Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Year in Review: Cybersecurity and Data Privacy

Author: Scarinci Hollenbeck, LLC

Date: December 18, 2014

Key Contacts

Back

Now that the year is at a close.. what can we say about the state of cybersecurity and data privacy?

The recent hack of Sony Pictures is only the latest security breach to impact the business community. Overall, 2014 saw several key developments in the arena of cybersecurity and data privacy. In case you missed some of our posts, below is a brief recap:

Growing Cybersecurity Threats:

On average, there are 117,339 incoming cyberattacks each day, according to the latest reports. Cyberattacks are also becoming more costly, with the number of businesses reporting losses of $20 million or more nearly doubling in 2014. The top causes of data breaches continue to include malicious insiders, human error, and system malfunctions. Cyberattacks account for 42 percent of all data breaches, while employee negligence and system glitches account for 31 and 25 percent of data losses, respectively.

BYOD Policies:

Businesses are increasingly allowing employees to use their own devices to perform work tasks, such as responding to client emails, scheduling meetings, and preparing reports. While bringing your own device (BYOD) to work may be convenient and economical, failing to have comprehensive BYOD policies and procedures can greatly increase the risk of data breaches and other security concerns.

Microsoft Search Warrant:

Microsoft Corporation is currently fighting a search warrant from the Department of Justice to obtain information stored on Microsoft’s servers located in Ireland. So far, courts have ruled that the Stored Communications Act requires internet service providers (ISPs) to produce information under their control, albeit stored abroad, to law enforcement in the United States. In response to the decision, the Congress is considering the Law Enforcement Access to Data Stored Abroad Act (LEADS Act), which would authorize the use of search warrants extraterritorially only where the government seeks to obtain the contents of electronic communications belonging to a United States person.

Insurance Risks:

While older policies were unclear regarding whether coverage existed for cyberattacks and data breaches, insurance companies are increasingly including policy language that expressly excludes these types of losses. Accordingly, the sale of cyber insurance policies is rising. In fact, one in three businesses now carry insurance intended to cover data breach losses.

Board Oversight:

This summer, the Securities and Exchange Commission’s Luis Aguilar highlighted that a company’s top executives must play an active role in cybersecurity and data protection. “Board oversight of cyber-risk management is critical to ensuring that companies are taking adequate steps to prevent, and prepare for, the harms that can result from such attacks. There is no substitution for proper preparation, deliberation, and engagement on cybersecurity issues. Given the heightened awareness of these rapidly evolving risks, directors should take seriously their obligation to make sure that companies are appropriately addressing those risks,” he stated.

Do you have any insight or questions regarding cybersecurity and data privacy, feel free to leave a comment below.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide post image

How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide

Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]

Author: Christopher D. Warren

Link to post with title - "How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide"
Gross Lease vs. Net Lease: Understanding the Key Differences post image

Gross Lease vs. Net Lease: Understanding the Key Differences

Commercial leases can take a variety of forms, which is often confusing for both landlords and tenants. Understanding the different types, especially the gross lease structure, is important when selecting the lease that best suits your needs. One key distinction between lease types is how rent is calculated and paid. This article addresses the two […]

Author: Robert L. Baker, Jr.

Link to post with title - "Gross Lease vs. Net Lease: Understanding the Key Differences"
What to Do If You Are Impacted by a Retailer Bankruptcy Part 2 post image

What to Do If You Are Impacted by a Retailer Bankruptcy Part 2

Over the past year, brick-and-mortar stores have closed their doors at a record pace. Fluctuating consumer preferences, the rise of online shopping platforms, and ongoing economic uncertainty continue to put pressure on the retail industry. When a retailer seeks bankruptcy protection, a myriad of other businesses are often impacted. Whether you are a supplier, customer, […]

Author: Brian D. Spector

Link to post with title - "What to Do If You Are Impacted by a Retailer Bankruptcy Part 2"
The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business post image

The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business

Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]

Author: Dan Brecher

Link to post with title - "The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business"
Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1 post image

Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1

The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]

Author: Brian D. Spector

Link to post with title - "Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!

Please select a category(s) below: