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Untangling the Costs of Cyber Breach Recovery (and Strategies to Avoid Overbilling)
The global average cost of a data breach has surged 10% in the past year, reaching a record high $4.88 million. While operational downtime and lost customers remain major contributors, a growing portion of these costs stem from inefficient post-breach responses, particularly non-compliance with regulatory standards and the fines that come along with that. With regulatory pressure mounting, companies are leaning harder on legal professionals to steer them through the post-breach maze — ensuring that every notification is compliant, every deadline is met, and every dollar spent is strategic. In a landscape where one misstep can mean millions, navigating cyber recovery has become as much a legal challenge as a technical one.
The Cost of Improper Notification
Non-compliance, in the context of a breach, goes beyond failing to meet privacy, security, and data-handling regulations ahead of the breach (which often contribute to the breach itself). It also includes failure to meet post-breach requirements, particularly those related to notification.
When sensitive data is exposed, companies are legally required to notify affected individuals, businesses, and, in some cases, law enforcement, regulatory bodies, and the media. Every U.S. state has legislation mandating prompt disclosure of breaches involving sensitive personal information, the details of which vary by jurisdiction, industry, and type of data.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?