June 16, 2019

June 14, 2019

Subscribe to Latest Legal News and Analysis

5 Practice Tips for Law Firms as Data Breach Spotlight Swings Their Way

While data breach incidents affecting the entertainment, retail, healthcare, and financial industries have garnered more attention in past years, the data breach spotlight recently shifted to law firms.

This shift was triggered by media coverage of the breach and leak of the Panama Papers, and by reports that, in 2015, hackers breached the networks of two well-known and highly-regarded U.S.-based firms, Cravath, Swaine & Moore and Weil, Gotshal & Manges. It also has been reported that a Russian cybercriminal recently attempted to breach the systems of dozens of other major firms, seeking insider information on which to trade.

cybersecurity, hackLaw firms, which tend to lag behind businesses in other industries in data security preparedness, are entrusted with financial, intellectual property, medical, and embarrassing personal data that may draw cybercriminals. Breaches of this data expose law firms to potentially massive liability. Erosion of client confidence and reputational injury may be the most obvious (and hardest to quantify) examples, but firms also are exposed to malpractice lawsuits alleging negligent handling of confidential client data and to state agency and private actions for failure, in the wake of breaches, to timely notify affected individuals, including employees, clients, and other parties and witnesses to litigations. Attorneys employed by firms that experience breaches also may be found to have violated the rules of professional conduct.

In light of these risks, law firms should act expediently to safeguard the data under their care and should consider these recommendations for key actions they can take to prevent breaches from occurring and to effectively respond to them if they do.

Jackson Lewis P.C. © 2019

TRENDING LEGAL ANALYSIS


About this Author

Damon Silver, Employment Lawyer, Corporate Matters, Jackson Lewis
Associate

Damon W. Silver is an Associate in the New York City, New York, office of Jackson Lewis P.C.

In his Privacy, e-Communication and Data Security practice, Mr. Silver advises clients in various industries on compliance with federal and international privacy laws, including HIPPA, the ADA, GINA, FMLA, the TCPA, FCRA, and the EU-U.S. Privacy Shield. He also provides guidance to organizations on data breach prevention and response. 

In the area of employment litigation, Mr. Silver defends...

212-545-4063
Principal

Joseph J. Lazzarotti is a Principal in the Morristown, New Jersey, office of Jackson Lewis P.C. He founded and currently helps to co-lead the firm's Privacy, e-Communication and Data Security Practice, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP) with the International Association of Privacy Professionals.

In short, his practice focuses on the matrix of laws governing the privacy, security and management of data, as well as the impact and regulation of social media. He also counsels companies on compliance, fiduciary, taxation, and administrative matters with respect to health and welfare plans, and is a member of the firm's Health Care Reform Team.

973- 538-6890
Jason C. Gavejian, Employment Attorney, Jackson Lewis, Principal, Restrictive Covenants Lawyer
Principal

Jason C. Gavejian is a Principal in the Morristown, New Jersey, office of Jackson Lewis P.C. and a Certified Information Privacy Professional (CIPP/US) with the International Association of Privacy Professionals.

Mr. Gavejian represents management exclusively in all aspects of employment litigation, including restrictive covenants, class-actions, harassment, retaliation, discrimination and wage and hour claims in both federal and state courts. Additionally, Mr. Gavejian regularly appears before administrative agencies,...

(973) 538-6890