Dec. 4, 2019

Allocating Risk in Cloud Computing Relationships: Spectrum of Offerings

With cloud service providers increasingly replacing traditional corporate on-premises data centers, attorneys should understand how legal risk is allocated between their clients and CSPs. In this first installment of a two-part guest article series, Adam Cohen, counsel and managing director at TopSide Group, and Mara Conway Arenson, a privacy, compliance and cybersecurity attorney for the M365 Office Product Group at Microsoft, explain the classic spectrum of cloud services offerings, including costs, risks and the customer’s obligations. In part two, they dispel some of the myths around cloud risks and address key legal issues that arise in company-CSP relationships. See “Capital One Breach Demonstrates Risk of Overlooking Vulnerabilities When Sending Data to the Cloud” (Aug. 14, 2019).

U.K. and U.S. Sign First E-Evidence Pact Under the CLOUD Act: A Look at the Privacy Protections

The recent electronic-evidence agreement between the U.S. and the U.K. is the first under the U.S. CLOUD Act. In this, the second of two articles on the pact, we look at concerns about the clarity of its privacy protections and obstacles to it serving as a model for agreements with other countries. In part one, we described the ways the agreement goes beyond the CLOUD Act, and its ambiguities and potential problems. See “U.K. and U.S. Sign First E-Evidence Pact Under the CLOUD Act: Fewer Hurdles, More Clarity and New Questions” (Nov. 20, 2019).

What Cyber Insurance Covers, What to Watch For and How to Get the Right Policy

While cyber insurance has become increasingly popular over the past several years, many companies still lack this protection. Companies without cyber coverage might look to their “traditional” policies, like general liability or crime, but coverage for cyber risks under those policies can be limited. This guest article by Lowenstein Sandler attorneys Eric Jesse and Jason Meyers reviews recent case law on the limits of general policies and discusses how understanding – and negotiating – the scope of cyber coverage is critical to maximizing the benefits that cyber insurance provides. See “Choosing Cybersecurity Insurance in a New Risk Environment” (Nov. 6, 2019).

FTI Consulting Bolsters Global Cybersecurity Practice in Seoul and London

Joshua Burch and Kyung Kim have joined FTI consulting as senior managing directors and cybersecurity heads in London and Seoul, respectively. See “FBI Veteran Discusses Using Law Enforcement’s Cyber Resources to Improve Security and Obtain Board Buy-In” (Nov. 2, 2016).