This document discusses several topics related to cloud computing including:
1) Lawyer ethics of competence and confidentiality when using cloud services.
2) Due diligence processes and compliance considerations for cloud providers.
3) Legal issues involving jurisdiction, data privacy laws, e-discovery, and trade secret protection in cloud computing.
4) Risks of security breaches and data exposure are mitigated through proper due diligence and risk management practices for cloud providers.
Data Breach Response: Before and After the BreachFinancial Poise
You’ve received the dreaded call that your company has just suffered a data breach – what do you do next? Who do you call for help? What notification obligations do you have?
With proper preparation, you can mitigate the damage caused by this unfortunate event and put your business in a position to recover. Your company may have already implemented its information security program and identified the responsible parties, including applicable outside experts, to be contacted in the event of a breach. However, now you must call up your incident response team to investigate the extent of the breach, evaluate the possible damage to your company, and determine whether you must notify your clients, customers, or the public of the breach. This webinar will help prepare you to take action when the worst happens.
Part of the webinar series: Cybersecurity & Data Privacy 2021
See more at https://www.financialpoise.com/webinars/
If you missed the webinar Marianne Halvorsen of http://Halvorsenonrisk.com gave on March 25th, 2013, please take a look at the slide presentation that accompanied the webinar. In it you will learn the different types of risks to your company, the costs when an event happens, and how you can protect yourself in the event of a cyber breach.
This presentation examines to what extent that cyber-insurance can be a useful tool to manage the risks and harms caused by massive cyber-attacks from the national as opposed to enterprise standpoint,
Gowlings - November 12, 2014
In an ever-increasing digital world, all businesses face challenges in managing and protecting sensitive and confidential information. In this presentation Gowlings and Marsh Canada Limited addressed best practices for responding to a cyber breach, and what types of insurance may be available to respond to such a loss. Topics included:
• Trends, and the evolution of cyber insurance/products
• The D&O connection, cyber is a strategic business risk
• Risk Management Strategies
• Best Practices in Breach Response.
Data Breach Response: Before and After the BreachFinancial Poise
You’ve received the dreaded call that your company has just suffered a data breach – what do you do next? Who do you call for help? What notification obligations do you have?
With proper preparation, you can mitigate the damage caused by this unfortunate event and put your business in a position to recover. Your company may have already implemented its information security program and identified the responsible parties, including applicable outside experts, to be contacted in the event of a breach. However, now you must call up your incident response team to investigate the extent of the breach, evaluate the possible damage to your company, and determine whether you must notify your clients, customers, or the public of the breach. This webinar will help prepare you to take action when the worst happens.
Part of the webinar series: Cybersecurity & Data Privacy 2021
See more at https://www.financialpoise.com/webinars/
If you missed the webinar Marianne Halvorsen of http://Halvorsenonrisk.com gave on March 25th, 2013, please take a look at the slide presentation that accompanied the webinar. In it you will learn the different types of risks to your company, the costs when an event happens, and how you can protect yourself in the event of a cyber breach.
This presentation examines to what extent that cyber-insurance can be a useful tool to manage the risks and harms caused by massive cyber-attacks from the national as opposed to enterprise standpoint,
Gowlings - November 12, 2014
In an ever-increasing digital world, all businesses face challenges in managing and protecting sensitive and confidential information. In this presentation Gowlings and Marsh Canada Limited addressed best practices for responding to a cyber breach, and what types of insurance may be available to respond to such a loss. Topics included:
• Trends, and the evolution of cyber insurance/products
• The D&O connection, cyber is a strategic business risk
• Risk Management Strategies
• Best Practices in Breach Response.
BYOD - Bringing Technology to work | Sending Data EverywhereJim Brashear
Presentation to the Science and Technology Committee of the American Bar Association on legal issues associated with employers enabling employee Bring Your Own Device policies.
Harry Regan - It's Never So Bad That It Can't Get Worsecentralohioissa
Disaster recovery, emergency response and business continuity plans are usually developed when no disaster exists. We think we’ve covered all contingencies. We think we’ve trained all the appropriate players. We’ve tested. We’ve re-tested. We think we’re ready to face whatever event there is looming out their with our name on it! The real world has a nasty habit of triggering disasters at the least opportune time, often featuring a twist that throws plans into disarray.
This presentation focuses on three real-world plans, each of which with a fatal flaw. We will discuss elements that should be in a plan beyond the normal guidance from the Disaster Recovery Institute (DRI) and a set of actions that should be included in planning and preparation.
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Data Confidentiality, Security and Recent Changes to the ABA Model Rulessaurnou
Continuing legal education (CLE) presentation regarding data confidentiality, information security, computer forensics and legal ethics in light of technology-related changes made to the American Bar Association's Model Rules of Professional Conduct.
Incident Response in the age of Nation State Cyber AttacksResilient Systems
One of the most important and yet least discussed aspects of any corporate structure is the incident response framework. As recent events have highlighted, the risk of intellectual property and critical infrastructure being the target of a cyber-attack is quite real. More than ever before, corporate preparation and response plans are necessary for any entity operating in the digital age.
This webinar will examine how an organization's incident response framework can help limit the exposure of intellectual property and critical infrastructure to outside, malicious parties. Our presenters will review how to construct corporate response plans that yield best-of-breed preparedness.
Our featured speakers for this timely webinar are:
-Mike Gibbons, Managing Director, Alvarez and Marsal, former FBI Special Agent as Unit Chief, overseeing all cyber crime investigations
-Art Ehuan, Managing Director, Alvarez and Marsal, former FBI Supervisory Special Agent assigned to the Computer Crimes Investigations Program
-Gant Redmon, Esq. CIPP/US General Counsel and Vice President of Business Development at Co3
Protecting Intellectual Property and Data Loss Prevention (DLP)Arpin Consulting
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Discussing Cyber Risk Coverage With Your Commercial Clients by Steve Robinson...Don Grauel
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Hacking the Human - How Secure Is Your Organization?CBIZ, Inc.
This presentation covers:
Social Engineering
Targets, Costs, Frequency
Real Life Examples
Mitigating Risks
Internal Programs
Data Security & Privacy Liability
Cyber Liability
Cyber Insurance
Financial Impact
Key Coverage Components
Checklist for Assessing your Level of Cyber Risk
What Not-for-Profits Can Do To Prevent "Uninspired" TheftCBIZ, Inc.
This presentation showcases the reasoning for and the importance of cyberseucrity in the not-for-profit sector. Case studies reinforce the importance of being ahead of the curve when managing cyber risk.
Everything Attorneys Need to Know About Web Based TechnologyAmy Larrimore
Presented in original form for CLE credits with accompanying handouts, this presentation covers everything attorneys need to understand in order to work and practice in the world of web based technology. I cover where the risks are, and aren't and how a "digital" practice is different from what you've always known. The risks are in a different place and the practice of contract law is flipped on it's head. The IT Department and the business unit can't help you to the level you're relying upon them and you might be doing a disservice by not helping them to the level that you can. The presentation includes references to case law, statutes, applicable regulations and other useful goodies.
BYOD - Bringing Technology to work | Sending Data EverywhereJim Brashear
Presentation to the Science and Technology Committee of the American Bar Association on legal issues associated with employers enabling employee Bring Your Own Device policies.
Harry Regan - It's Never So Bad That It Can't Get Worsecentralohioissa
Disaster recovery, emergency response and business continuity plans are usually developed when no disaster exists. We think we’ve covered all contingencies. We think we’ve trained all the appropriate players. We’ve tested. We’ve re-tested. We think we’re ready to face whatever event there is looming out their with our name on it! The real world has a nasty habit of triggering disasters at the least opportune time, often featuring a twist that throws plans into disarray.
This presentation focuses on three real-world plans, each of which with a fatal flaw. We will discuss elements that should be in a plan beyond the normal guidance from the Disaster Recovery Institute (DRI) and a set of actions that should be included in planning and preparation.
Legal Issues Impacting Data Center Owners, Operators & Usersjyates
MMM’s goal is to work with data center owners, operators and users to identify key legal issues and their related claims, and to provide ways to minimize liability.
Data Confidentiality, Security and Recent Changes to the ABA Model Rulessaurnou
Continuing legal education (CLE) presentation regarding data confidentiality, information security, computer forensics and legal ethics in light of technology-related changes made to the American Bar Association's Model Rules of Professional Conduct.
Incident Response in the age of Nation State Cyber AttacksResilient Systems
One of the most important and yet least discussed aspects of any corporate structure is the incident response framework. As recent events have highlighted, the risk of intellectual property and critical infrastructure being the target of a cyber-attack is quite real. More than ever before, corporate preparation and response plans are necessary for any entity operating in the digital age.
This webinar will examine how an organization's incident response framework can help limit the exposure of intellectual property and critical infrastructure to outside, malicious parties. Our presenters will review how to construct corporate response plans that yield best-of-breed preparedness.
Our featured speakers for this timely webinar are:
-Mike Gibbons, Managing Director, Alvarez and Marsal, former FBI Special Agent as Unit Chief, overseeing all cyber crime investigations
-Art Ehuan, Managing Director, Alvarez and Marsal, former FBI Supervisory Special Agent assigned to the Computer Crimes Investigations Program
-Gant Redmon, Esq. CIPP/US General Counsel and Vice President of Business Development at Co3
Protecting Intellectual Property and Data Loss Prevention (DLP)Arpin Consulting
Protecting Intellectual Property and Data Loss Prevention (DLP) – what makes your business unique, different, valuable, and attracts clients and customers - presented at the Boston Business Alliance 9/23/09
Discussing Cyber Risk Coverage With Your Commercial Clients by Steve Robinson...Don Grauel
Steve Robinson of RPS Technology & Cyber presented "Discussing Cyber Risk Coverage With Your Commercial Clients" to the 68th Annual F. Addison Fowler Fall Seminar on October 17, 2014.
Hacking the Human - How Secure Is Your Organization?CBIZ, Inc.
This presentation covers:
Social Engineering
Targets, Costs, Frequency
Real Life Examples
Mitigating Risks
Internal Programs
Data Security & Privacy Liability
Cyber Liability
Cyber Insurance
Financial Impact
Key Coverage Components
Checklist for Assessing your Level of Cyber Risk
What Not-for-Profits Can Do To Prevent "Uninspired" TheftCBIZ, Inc.
This presentation showcases the reasoning for and the importance of cyberseucrity in the not-for-profit sector. Case studies reinforce the importance of being ahead of the curve when managing cyber risk.
Everything Attorneys Need to Know About Web Based TechnologyAmy Larrimore
Presented in original form for CLE credits with accompanying handouts, this presentation covers everything attorneys need to understand in order to work and practice in the world of web based technology. I cover where the risks are, and aren't and how a "digital" practice is different from what you've always known. The risks are in a different place and the practice of contract law is flipped on it's head. The IT Department and the business unit can't help you to the level you're relying upon them and you might be doing a disservice by not helping them to the level that you can. The presentation includes references to case law, statutes, applicable regulations and other useful goodies.
Get Rich - Increase Your Revenue 80 PercentAmy Larrimore
This version was presented at the National Constitution Center for Constant Contact in May of 2014. The secret to successful sales is followup, but what does that really mean? And how can a CRM help you? What is a CRM? Do you need one? If all you want is to take strangers and turn them into dollars, what is it that you need to make that happen?
Increase Your Revenue 80% Using TechnologyAmy Larrimore
How Sales and Marketing Come together and are supercharged with technology. Covers traffic generation, lead generation, prospecting, close, conversion, champions, CRM and more.
Managing the Legal Concerns of Cloud ComputingAmy Larrimore
Presented at the 2013 Pennsylvania Bar Institute as an edition in an annual series on legal concerns around cloud computing ,. This one covers how technology overlaps and where the risk needs to be managed in between systems.
Twitter is Causal, it's the fuel to the fire of scholars and discontents who seek to change the world. How is this tool different from Facebook and other social media? How can you use it to further your own mission, grow your business, get great customer service, inform your research and more?
How to Fool the Lawyers and Get Your SaaS Tool ApprovedAmy Larrimore
Presented to the Pennsylvania Bar Institute as an accompaniment to the whitepaper of the same name. Covers integrative technology and points of practice for general counsel and business attorneys who advise their clients on technology in use in business operations.
Get Rich - Increase Your Revenue 80 PercentAmy Larrimore
This version was presented at the National Constitution Center for Constant Contact in May of 2014. The secret to successful sales is followup, but what does that really mean? And how can a CRM help you? What is a CRM? Do you need one? If all you want is to take strangers and turn them into dollars, what is it that you need to make that happen?
What Technology Can Do For You - The Nonprofit EditionAmy Larrimore
Nonprofits have one of the largest uphill climbs when choosing technology. They are rarely permitted to spend for it, they have to make do with what is free, they use different terminology so everything feels like a stretch to fit, they tend to have a not very tech savvy staff, constituency or service base. Here's some tips on what to focus on and how and when.
SCORE Peer Learning: Increasing your services with TechnologyAmy Larrimore
This presentation was created by www.amylarrimore.com of the www.empirebuilders.biz for www.score.org. It discusses increasing your services using technology to improve efficiency, marketing, customer service and more.
MYTHBUSTERS: Can You Secure Payments in the Cloud?Kurt Hagerman
Discussion of if and how you can secure payments in the cloud. Covers the issue, compliance considerations, regulatory changes and their impact, and provides a rationale for using a cloud to decouple your payments processes from your legacy infrastructure.
Presentation to the Texas Bar CLE program on Contract Drafting, Review and Negotiation on December 5, 2017 in Austin, Texas, by Cybersecurity & Data Privacy Attorney Shawn Tuma, on October 19, 2017. For more information visit www.businesscyberrisk.com
Dino Tsibouris & Mehmet Munur - Legal Perspective on Data Security for 2016centralohioissa
Key legal data security concerns for 2016; Privacy and security preparation; Vendor management; When and how to engage outside counsel & advisors; EU Privacy update; Sample enforcement actions.
Basics of insurance coverage and evolving issues surrounding cyber, data breaches, and a big picture overview of how it impacts businesses and the lawyers advising them.
As online practice management solutions and cloud technology become increasingly prevalent, lawyers face the challenge of assuaging client concerns around the security and confidentiality of hosted online data. They also face the task of gaining informed consent from clients when using such tools for engagement and information management.
How can lawyers implement and use secure communication tools, online client portals, and online practice management solutions while protecting themselves from the confidentiality rules that govern such technologies?
Register now for this webinar with legal technology expert Chad Burton, who will go over salient facts that lawyers need to know when engaging with clients in the cloud, including:
• State ethics opinions on using cloud computing vendors
• Obtaining informed client consent
• Common client concerns related to cloud computing
Presented by Dr Sam De Silva, partner at Nabarro to over 100 CEOs and Executives in London.
Explains what leaders should do immediately after becoming aware of a cyber attack, from a legal perspective.
Today's security and privacy professionals know that breaches are a fact of life. Yet their organizations are often not prepared to respond when the time comes. They're "overweight" on prevention and detection, but "underweight" on response.
Based on a decade-plus caseload of actual breach investigations across of range of different organizations, this webinar will examine an amalgamated, anonymized breach situation and review a play-by-play of how the response went: the good, the bad, and the ugly. Attendees will gain hard-earned, battle-tested insight on what to do, and what to avoid when it's their turn to respond to an incident.
Our featured speakers for this timely webinar will be:
- Don Ulsch, CEO, ZeroPoint Risk. Distinguished Fellow at the Ponemon Institute.
- Joseph DeSalvo, Managing Director, ZeroPoint Risk. Former CSO at Mylan and Iron Mountain.
- Ted Julian, Chief Marketing Officer, Co3 Systems. Serial security and compliance entrepreneur.
Cloud based IT services are touted as a big money saver. They offer flexibility and scalability, enabling users to pool and allocate IT resources as needed by using a minimum amount of physical IT infrastructure to service demand. Cloud based IT services also offer the convenience of being able to work remotely and access data from anywhere in the world.
Sometimes businesses move to the cloud too fast, and fail to conduct a rigorous risk analysis and evaluation of its return on investment. When planning a cloud deployment it pays to look past the hype and to compare the trade-offs between the different types of cloud environments.
How'd we do in 2013 from a data breach perspective? As we close out the year, are the cupboards / budgets bare and will it be a lean holiday season? Or should we be budgeting a holiday celebration with all of the trappings and a sumptuous New Year?
Borrowing themes from the Charles Dickens holiday classic, this webinar will review industry statistics and other indicators to evaluate how we did in 2013 from a privacy breach and security incident response perspective. Will our mythical CSO and CPO get the Scrooge-like CFO to approve their budget increases? And what will 2014 hold from a security, privacy, and regulatory perspective? Register below to find out.
Our featured speakers for this Dickensian webinar will be:
- Ebenezer Scrooge, Chief Financial Officer, Acme Inc. played by Ted Julian, Chief Marketing Officer, Co3 Systems
- Bob Cratchit, Chief Privacy Officer, Acme Inc. played by Gant Redmon, General Counsel, Co3 Systems
- Tiny Tim, Chief Security Officer, Acme Inc. played by "Tiny" Tim Armstrong, Incident Response Specialist, Co3 Systems
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Youtube – https://www.youtube.com/startuplviv
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Implicitly or explicitly all competing businesses employ a strategy to select a mix
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involves recognizing relationships between elements of the marketing mix (e.g.,
price and product quality), as well as assessing competitive and market conditions
(i.e., industry structure in the language of economics).
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Cloud Computing Legal for Pennsylvania Bar Association
1. Cloud Computing
Fred Wilf, Esq., Baer Crossey
Dina Leytes, Esq., Griesing Law
Amy Larrimore, The Empire Builders Group
2.
3. Client-Lawyer Relationship
Rule 1.1 Competence
A lawyer shall provide competent
representation to a client.
Competent representation
requires the legal knowledge,
skill, thoroughness and
preparation reasonably
necessary for the
representation.
4. Client-Lawyer Relationship
Rule 1.6(a) Confidentiality Of Information
(a) A lawyer shall not reveal
information relating to the
representation of a client
unless the client gives
informed consent, the
disclosure is impliedly
authorized in order to carry
out the representation or
the disclosure is permitted
by paragraph (b).
5. Client-Lawyer Relationship
Rule 1.6(b) Confidentiality Of Information
(b) A lawyer may reveal information relating to the representation of a client to the
extent the lawyer reasonably believes necessary:
(1) to prevent reasonably certain death or substantial bodily harm;
(2) to prevent the client from committing a crime or fraud that is reasonably certain to result in
substantial injury to the financial interests or property of another and in furtherance of which
the client has used or is using the lawyer's services;
(3) to prevent, mitigate or rectify substantial injury to the financial interests or property of another
that is reasonably certain to result or has resulted from the client's commission of a crime or
fraud in furtherance of which the client has used the lawyer's services;
(4) to secure legal advice about the lawyer's compliance with these Rules;
(5) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer
and the client, to establish a defense to a criminal charge or civil claim against the lawyer
based upon conduct in which the client was involved, or to respond to allegations in any
proceeding concerning the lawyer's representation of the client; or
(6) to comply with other law or a court order.
6. Business in the Cloud - Common
•Software as a service
•Web services
Social media
Linkedin
Wikipedia
Google
•Platform
Physical Hardware
Cloud - Amazon
7. Security Breach
Generally speaking, it is • Adverse legal, regulatory and
true that the ease of the business consequences
cloud increases
vulnerability – with • Sanctions imposed by
significant consequences: regulatory agencies
• Loss of business
• Reputational risk
• Cost of complying with statutory
notification obligations
• Cost of remediation
9. Cloud Fear - Mitigation
On Premise Off Premise
• Fire Employee(s) • Sue them
• Take the Blame • Blame them
• Claim against your • Claim against their
insurance policy insurance policy
10. Due Diligence
• Who at the service provider has • Does the provider have a privacy
access to business records? and security policy?
• Where is the service provider • What type of security is in place to
located? ensure data breaches do not occur?
• Does the service provider comply with • Does the provider have a policy to
all regulatory requirements? be implemented in the case of a
• How is the data stored – what is the
data breach?
data flow? • What does that policy provider for
with regards to client operations in
such a case?
• What insurance or asset levels exist
at the provider?
11. How does IT Bob Stack up?
Due diligence process for
outside providers tends to
be common.
Many providers are rejected
as part of this process.
Rarely would the internal
alternatives pass if they
were also subjected to
the process.
12. Refusal to Approve
Approval is a • Failure to adequately
assess, approve and implement
point in time, not technology (non-action) is a
an ongoing significant exposure
process • Exposure is reason new technology
is rejected
• Secure products become unsecure
in short time frame
• New tech presents the opportunity
for more security
• Compliance and legal education and
approval cycle process
• No case law
13. • Courts are wiling to recognize
Jurisdiction personal jurisdiction based on
What are all the location of cloud computing
locations in which services.
you do business Forward Foods LLC v Next Proteins, Inc., 2008 BL
virtually? 238516 (N.Y. Sup. 2008)
• In some jurisdictions when
weighing convenience of a
forum, physical recordkeeping
takes precedence.
Gelmato S.A. v. HTC Corp., 2011 U.S. Dist. LEXIS
133612 (E.D. Tex. Nov. 18, 2011)
• Compliance department requires
instruction on these issues.
14. The Cloud and The World
• There are no international rules governing cloud
related concerns.
• The EU Data Protection
Directive provides that
transfer of personal data
may be made only to
member states and to
jurisdictions with
adequate data security
standards.
• The US is NOT currently deemed to have
adequate data security standards.
15. Issues in E-Discovery
• Parties that store third party data should not expect
to be shielded from discovery rules
Columbia Pictures, Inc. v. Bunnell, 245 F.R.D. 443 (C.D. Cal. 2007)
• FRCP require production based
on “possession, custody or
control”
• If responding party has the ability
to obtain data, it may be
compelled to do so
• Discoverable information is still
protected by privilege, wherever it
exists
Tomlinson v. El Paso Corp.,245 F.R.D. 474 (D. Colo. 2007)
16. Protection of Trade Secrets
• CFAA: Computer Fraud and Abuse Act
• What is unauthorized access?
• Employees, Third Party Providers, Social Media
• Importance of policy vs. hardware controls
U.S. v. Nosal, 642 F.3d 781 (9th Cir. 2011)
• Social media
• Use or Excessive Use
• Social Media Policy
17. Summary
• Ethics: Competence and Confidentiality
• Matters of Business:
• Cloud Fear vs. Risk “Skeletons” in IT Closet
• Due Diligence and Point in Time Compliance
• Matters of Law
• Jurisdiction
• The Cloud and the World
• E-Discovery
• Trade Secrets
18. Dina Leytes, Esq.
www.griesinglaw.com
215-732-3924
dleytes@griesinglaw.com
Frederic Wilf, Esq., Partner
http://www.baercrossey.com
215-636-9220
fwilf@baercrossey.com
Amy H. Larrimore, Chief Strategist
The Empire Builders Group
www.amylarrimore.com
www.empirebuilders.biz
215-645-2691 or me@amylarrimore.com
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