Through engagement, risk assessment, and continual review of cybersecurity risks and solutions, directors can both mitigate their own liability as well as the data security and litigation risks threatening the company. Part two of our two-part series on the board’s critical role in cybersecurity and data privacy issues addresses: how the board can follow up on management presentations; steps it should take after a breach; recent post-breach derivative suit caselaw; and how the board, in-house counsel and management can ensure a strong defense to such derivative actions. Part one
provided best practices for management and in-house counsel to educate the board and keep the directors updated on cyber-related issues. See also “The Multifaceted Role of In-House Counsel in Cybersecurity
” (Dec. 9, 2015).