Data/Cyber Security for Lawyers – Safeguarding Your Clients’ Information & Protecting Your Firm
Monday, May 9th at 6:00PM EST
Location: Holiday Inn, Plainview, NY
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May 9, 2016 (6pm – 8pm)
2 Law Practice Management CLE CREDITS
This seminar has been approved for transitional and non-transitional credits.
- IDENTIFYING THE THREAT
- Electronically stored data
- Individual desktop, laptop or tablet computers
- Onsite servers, offsite or “virtual” servers
- The Cloud
- Hard copy, paper-based data, stored onsite or offsite
- Data held outside of the firm’s control
- Partners’ & employees’ personal devices; the “family computer”
- Use of Wi-Fi networks; secure and unsecure
- 3rd-party vendors, including electronic discovery
- Electronically stored data
- TYPES OF DATA HELD BY LAW FIRMS
- Attorney-client privilege; privileged documents and email communications
- Case/litigation strategy, including settlement parameters
- Intellectual property
- Information about non-clients
- Witnesses; expert and otherwise
- General business data, including financials and banking information
- ETHICAL AND LEGAL OBLIGATIONS FOR LAW FIRMS
- Legal requirements, state-by-state
- Ethical obligation to safeguard data
- What is a reasonable standard of care?
- Is failure to protect data subject to disciplinary action?
- Is failure to protect data considered legal malpractice?
- Governmental inquiries and investigations
- Does your firm have a written information security policy?
- When was it last reviewed?
- SOURCES OF A DATA BREACH
- Offshore cyber-criminals; hackers – “The Boogeyman”
- Internal, inadvertent
- Internal, malicious
- Lost devices; the smartphone in the back of that taxicab
- Wireless communications; coffee shop Wi-Fi
- AFTER A DATA BREACH; NOW WHAT?
- Reporting obligations; to whom and how quickly?
- Notifying the Courts; adversaries
- Reputational issues; crisis management
- I.T. SYSTEMS AND POLICIES; AN OUNCE OF PREVENTION
- Why your current I.T. staff/consultants may not have your back
- 3rd- party security audits; “White Hats”
- Firewalls, anti-spam, anti-malware; who can keep track of all of this?
- Data encryption; Pro’s & Con’s
- Passwords; the good, the bad & the ugly
- The Cloud; what is it, exactly? Is it the answer to all of your concerns?
- INSURANCE ISSUES TO CONSIDER
- Coverage triggers and exclusions
- Coverage available under commercial general liability?
- What about professional liability?
- Coverage gaps and overlaps
- 3rd-party coverage vs. 1st-party coverage
Annamarie Bondi-Stoddard, Esq. – Chair
Pegalis & Erickson, LLC
CISSP, Co-Founder & CTO, Brainlink International, Inc.
Bruce R. Swicker
Vice President, Lawyers Program, Frenkel & Company
New York, NY
132 Nassau Street, 2nd Floor
New York City, New York 10038
2 or 3 to Park Place or Fulton Street
4,5 or 6 to Brooklyn Bridge
A or C to Broadway Nassau
R to City Hall
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