New York Law Journal s Litigation Summit June 24, 2016 Sponsored by: The TASA Group Presented by: Peter Black, Jason Bonk and Shawn Huston

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1 New York Law Journal s Litigation Summit June 24, 2016 Sponsored by: The TASA Group Presented by: Peter Black, Jason Bonk and Shawn Huston

2 About The Presenter: Peter Black As the CEO of an IT company, Peter Black and his staff provide IT support to small and mid-sized businesses in the tristate area. His company has been involved in the planning, design and implementation of network systems in a wide variety of environments including legal, local government, police departments, legal aid, crime victim centers, health care, automobile, restaurants, and country clubs. As part of the legal support group for The TASA Group, Mr. Black has been involved in a multitude of cyber security breaches at small and mid-sized firms. He provides the training, IT support services and guidance to prepare firms for any data breaches they may encounter

3 About The Presenter: Jason Bonk Jason Bonk is an experienced litigator in Cozen O'Connor s New York office. He represents Fortune 500 companies, both small and large private businesses, and individuals, in a variety of high-stakes, complex litigation matters. Jason is also active in the e-discovery community and has been published extensively and quoted in articles regarding evolving e-discovery trends along with records management and information governance. Jason has also taught subject matter relating to ediscovery, information governance, records management, and privacy/cyber law at Fordham Law School

4 About The Presenter: Shawn Huston Shawn P. Huston is the CEO of Legal Support Partners, a firm that offers E-Discovery forensic, technology and consulting services to law firms and corporations. Over the years, Shawn has worked on a number of high-profile cases including Enron and Worldcom civil and criminal litigation, asbestos and product liability class actions, government security issues, multi-billion dollar second requests, major SEC fraud investigations and thousands of other civil and criminal cases

5 Why Should You Care? * More than 80 percent of U.S. companies have been successfully hacked according to a June 2015 Duke University/CFO Magazine press release based on widespread survey data.

6 Breaches In The News Target 70M customer records and credit cards T-Mobile/Experian 15M customer records Sony s and internal documents

7 Types of Information At Risk Customer/Consumer Information Proprietary Business Information Personal Identifiable Information (PII) Protected Health Information (PHI/ePHI)

8 Injury to The Insecure Reputation Sony breach included salacious details Consumer/Partner damages Tennessee Electric v. Tri summit In re: Target Corporation Data Security Regulatory enforcement FTC v. Wyndham HHS v. NY and Presbyterian Hospital Average overall cost of a breach is $3.79 Million - IBM and Ponemon Institute

9 Who Is At Risk? Risk Is Not Industry Specific: Financial Institutions Merchants and Retailers Healthcare Providers Critical Infrastructure Providers Governmental Entities Consumer Service Businesses Web Platform Sports leagues, franchises and other actors 40% of breaches occur in companies under 1000 employees; 31% under 100 employees Size doesn t matter it s the value placed on information that matters.

10 Source: Ponemon Institute LLC 2014 Cost of Data Breach Study: Global Analysis (IBM sponsored) Sources of Data Breach Distribution of the benchmark sample by root cause of data breach Malicious or Criminal Attack System Glitch Human Error

11 Human Error is a Common Cause User behavior can open the door to: Social Engineering/Spear Phishing Ransomware CEO fraud

12 Access Points Internal External Vpn / rdp Phishing Social engineering Mobile Cloud

13 What s at Stake in Legal? Law firms hold the good stuff Highly confidential data M&A activity info for insider trading Reputational damaging information Financial information Mosack Fonseca the most obvious example

14 What Does It Look Like To a User? Phishing/Spear Phishing Spear phishing is an that appears to be from an individual or business that you know. But it isn't. It's from the same criminal hackers who want your credit card and bank account numbers, passwords, and the financial information on your PC. Learn how to protect yourself. Norton Symantec

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18 What Does It Look Like To a User? (cont.) Ransomware A type of malicious software designed to block access to a computer system until a sum of money is paid. Oxford Dictionary

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20 What Does It Look Like To a User? (cont.) Social Engineering and CEO Fraud scams in which the attacker spoofs a message from the boss and tricks someone at the organization into wiring funds to the fraudsters. Krebs on Security FBI estimates put losses at over $2.3 Billion over the last three years.

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22 Small Errors Lead To BIG Problems The Infamous Target Breach Hackers allegedly sent phishing to employees of Fazio Mechanical, HVAC vendor Fazio uses free version of antivirus software did not detect the intrusion Fazio s data connection is only for electronic billing, contract submission, and project management; gives access to Target s external billing system, Ariba Speculation is that access to Ariba gave hackers access to Target s internal server. Still unclear how they progressed further, but might have been a default password

23 Target s Financial Fall-Out $166m reported in May 2015 SEC filings Target expects to receive $90m from insurers Received $35m to date

24 So, A Breach Occurs Often incident response done under supervision of GC For privilege s sake So the responders figure out the root cause Root Cause Analysis What failures allowed the breach to happen Detailed, technical focus

25 Security Is A Process, Not A Thing Red Queen problem Running to keep up Requires active security program Concerned about existing and new threats Most failures are due to policy rather than systems But there aren t simple fixes No technical band aid

26 What Should You Do? BE PROACTIVE this is not a space to ask for forgiveness rather than permission. Proactivity will pay dividends on the back end; CONFER with IT and with outside counsel; DEVELOP sound policies that effectuate best practices; CONDUCT periodic training, using outside counsel and/or vendors as needed; ENSURE oversight internally, and where appropriate, externally; and ENSURE compliance with evolving local, state and federal regulations and legal precedent.

27 What Should IT Be Doing? Limiting what, if any, information may be stored in any cloud-based platform absent thorough checks and balances of adequate security measures in place; Ensuring appropriate encryption standards; Requiring mandatory password protection for all devices and, in some cases, requiring multiple passwords for information access (e.g., RSA Tokens); Requiring password variance across different devices for users and servers;

28 What Should IT Be Doing? (cont.) Mandatory periodic changing of passwords on both enterprise and individual user levels; Prohibitions related to automatic or manual linking of accounts (e.g., social media); Limitations on automated and manual data backup to local devices such as phones, tablets or any other device; Utilizing software to individualize any transmission of sensitive data; and Requiring IT to re-route and/or mask sensitive data that is transmitted via the internet.

29 Guidance and Guidelines ABA Model Rules Rule 1.1 Comment(8): To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject. Rule 1.6 Comment(19): Whether a lawyer may be required to take additional steps in order to comply with other law, such as state and federal laws that govern data privacy, is beyond the scope of these Rules.

30 Guidance and Guidelines (cont.) High level standards and frameworks NIST Cybersecurity Framework ISO External assessment Program evaluation & recommendations Control testing

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33 The TASA Group In addition to being your best source for testifying and consulting experts for 60 years, TASA also offers: E-Discovery & Forensic Solutions (through a partnership with LSP) Free, Interactive Webinars Cyber Security Services Day-in-the-Life Videos Research Reports on Expert Witnesses: Challenge History Report 2.0 (CHR 2.0) Expert Profile 60 (EP360)

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