April 19, 2021

Volume XI, Number 109


April 16, 2021

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Thousands Hacked: New Cyber-Attacks Affect Organizations Big and Small

Friday afternoon, reports surfaced that a foreign nation had compromised newly-discovered flaws in the Microsoft Exchange Server email software and breached the cybersecurity efforts of more than 60,000 known victims.

Unlike previously reported hacks linked to espionage and high-value organizations, such as the federal government and large corporations, this one involved the private data of small businesses and local governments.

This attack is on the heels of the SolarWinds' software breach and makes it unambiguously clear that American companies of all sizes and industries are targets for (and vulnerable to) this kind of cybersecurity hacking; directly and through vendor software.  The all-in business and legal costs associated with such breaches regularly reach into the millions of dollars according to the Ponemon Institute's most recent study.

The Institute also found that planning and protective steps on the front end by businesses can dramatically reduce these costs. Proactively planning for these risks can also help minimize the possibility of a breach and avoid the potential double victimization of a data breach: first by the breach itself, and then the legal liability, compliance costs, and regulatory enforcement actions. These breaches, and the related costs, are yet another illustration of the need for all businesses to include cybersecurity and privacy compliance as part of their risk management strategy.  Currently, all states have data breach notification statutes, and many states require businesses—even small businesses— to provide a certain level of protection to personal data. Regulated industries and sectors, such as Healthcare, Financial Institutions, and Education, often have specific security requirements and privacy regulations with which they must comply.

© 2021 Ward and Smith, P.A.. All Rights Reserved.National Law Review, Volume XI, Number 67



About this Author

Angela doughty, Ward and Smith, IP Attorney
Trademark Specialist

Angela leads the firm's Intellectual Property practice and is a North Carolina State Bar Board Certified Specialist in Trademark Law.  She routinely counsels and assists clients with identifying, protecting, and enforcing their U.S. and international intellectual property rights; anti-counterfeiting and U.S. Customs matters; Internet and domain law issues, including proceedings before the National Arbitration Forum and World Intellectual Property Organization; website terms of use and privacy policies; branding and franchising agreements; software development and...

Peter N. McClelland Cybersecurity Attorney Ward and Smith

Peter is an attorney and a Certified Information Privacy Professional/US (CIPP/US) who assists clients in a range of privacy, data security, cyber supply chain and technology matters.

He regularly counsels on the legal requirements and risks associated with the collection, storage, transfer, use, protection, and disposal of data. Businesses and individuals rely on his privacy and data security expertise for structuring and operationalizing privacy compliance programs, data breach response and planning, contract and vendor management, and...