Jan. 16, 2019

Key Cyber Threats and Targets for 2019

Cyber threats continue to evolve and new ones constantly develop, continually challenging even the best-prepared companies. In addition, while certain industries are perennial targets, new industries gain favor with malicious actors searching for vulnerabilities and the potential for large rewards. “Cybercriminals are increasingly becoming more sophisticated and it’s a constant game of cat and mouse,” according to Experian’s 2019 Data Breach Industry Forecast (Experian Forecast), which predicts specific threats and targets for the current year based on 2018 trends. In this article, the Cybersecurity Law Report analyzes key points from the Experian Forecast, with added insight on the most pressing threats and targets from industry experts. See also “Ten Cyber and Privacy Resolutions for the New Year” (Jan. 9, 2019).

How a New Ethics Rule and Error in Manafort Case Highlight the Importance of Lawyers’ Technology Competence

An attorney’s lack of technological competence can have real consequences. For example, sensitive information about former Trump campaign manager Paul Manafort’s contact with a suspected Russian spy was revealed when his lawyers filed a brief with “redacted” portions that could be viewed by simply cutting and pasting the blacked-out text into a new document. That error occurred on the heels of Louisiana’s adoption of ethical rules that require lawyers to be competent in technology and highlights the importance of such obligations. The president and vice president of Sensei Enterprises, Inc., a digital forensics, information technology and cybersecurity company, spoke with the Cybersecurity Law Report about Louisiana’s new Code of Professionalism provisions and specific steps lawyers can take to achieve technology competence and ensure that they are properly protecting client data. See also “Fulfilling the Ethical Duty of Technology Competence for Attorneys” (Aug. 24, 2016).

GDPR Provides Model for Privacy and Security Laws in Latin America and Asia (Part Two of Two)

Many nations in Asia are adopting data protection laws that, while based on the GDPR, are somewhat more varied than their counterparts in Latin America, WilmerHale partner D. Reed Freeman Jr. said during a recent firm webinar. This article, the second installment of our two-part series, covers the presentation by Freeman and his colleague Nicole Ewart on the various legislative and enforcement developments across Asia, and the considerably heavy data transfer activity there. The first article identified security laws in both regions that have not garnered much attention and addressed new or newly amended Latin American privacy and security laws. See “Guidance and Clarification on Asia’s Evolving Cybersecurity and Data Protection Laws” (Apr. 18, 2018).

DOJ Cyber Attorney Joins Lewis Brisbois

Rich Goldberg has joined the firm in its New York and Philadelphia offices as a partner in the data privacy and cybersecurity practice. Goldberg comes to Lewis Brisbois from the DOJ where, for over 20 years, he served as a cyber attorney in the national Computer Crime & Intellectual Property Section program. For more from Lewis Brisbois see “How Financial Service Providers Can Use Cyber Insurance to Mitigate Risk” (Jun. 8, 2016).

Sands Anderson Welcomes Cybersecurity & Technology Team Leader

Bobby Turnage Jr. has joined Sands Anderson to lead the firm’s cybersecurity and technology team. Turnage’s practice focuses on cybersecurity risk assessments and incident response planning, as well as drafting and negotiating complex technology-related contracts.