Tag Archives: Incident Response

SEC Cybersecurity Actions Against Registered Firms for Business Email Compromises Emphasize Importance of MFA

On August 30, 2021, the Securities and Exchange Commission (“SEC”) announced three settled orders against several investment advisers, broker-dealers, and dual registrants for violations of Regulation S-P allegedly resulting from business email compromises that each exposed or potentially exposed the personal information of thousands of customers.[1] These enforcement actions underscore the following lessons for broker-dealers and … Continue Reading

Incident Response and Forensic Challenges in a Work-from-Home World

By Joseph L. Bruemmer on May 18, 2021 Posted in Data Security Incident Response

Our 2021 Data Security Incident Response Report discussed the challenges that organizations are facing with forensic investigations and ransomware recovery in the work-from-home world. Some of the greatest difficulties our clients encountered in the past year involved key components of incident response — communicating with employees, resetting remote user passwords, and deploying endpoint detection and … Continue Reading

Key Changes to New York Breach Notification and Data Security Protection Requirements from the New York SHIELD Act

By David Kitchen and Damon C. Barhorst on June 9, 2020 Posted in Data Breach Notification Laws

The New York SHIELD Act,[1] officially titled the Stop Hacks and Improve Electronic Data Security Act, amends New York’s existing data breach notification law in several significant ways and adds a number of data security protection requirements. The amended data breach notification obligations went into effect on Oct. 23, 2019, with the data security requirements … Continue Reading

Deeper Dive: Incorporating Incident Response Into Disaster Recovery Plans

By M. Scott Koller on May 8, 2017 Posted in Cybersecurity, Ransomware

Incident response and disaster recovery are both essential components of a comprehensive written information security program. However, too often these plans are implemented in a vacuum, without considering the potential synergies and improvements that can be gained when such plans are developed, deployed and tested together. Incident response and disaster recovery tend to have the … Continue Reading

Deeper Dive: Beware of Paper Records

By Patrick H. Haggerty on April 18, 2016 Posted in Data Breaches, Incident Response

BakerHostetler’s 2016 Data Security Incident Response Report reveals a number of interesting incident response trends: the range of incident causes is broad, all industries are affected, detection capabilities need to improve, it is difficult to provide meaningful notification quickly, and regulatory investigations are more common than lawsuits after notification occurs. One of the report’s interesting … Continue Reading

BakerHostetler Data Security Incident Response Report Reveals Being “Compromise Ready” Better Positions Companies to Respond to Incidents

By Theodore J. Kobus III on March 30, 2016 Posted in Incident Response, News, Online Privacy

On March 30, 2016, we released our second annual Data Security Incident Response Report. Key findings show that phishing/hacking/malware was the cause of 31% of data security incidents during 2015, revealing a shift from 2014 when human error was the leading cause. The report also continues the inaugural-year theme that no industry is immune to … Continue Reading

Incident Response Tip: Five Ways to Improve Information Security and Reduce the Impact of a Data Breach

By M. Scott Koller on December 30, 2015 Posted in Cybersecurity, Incident Response

The new year will arrive in a few short days and when the bell tolls, it will mark the end of another extremely active year of data breaches. High-profile breaches such as Anthem, Ashley Madison, and the Office of Personnel Management serve as a reminder that it is a matter of when, not if, your … Continue Reading

How and Why to Pick a Forensic Firm Before the Inevitable Occurs

By Craig A. Hoffman on November 16, 2015 Posted in Cybersecurity, Incident Response

A forensic investigation by a security firm often does (and should) drive decision-making in response to an incident. Because the work of a security firm usually drives the critical path of a response, companies can become better prepared to respond quickly and effectively to potential incidents by identifying and onboarding a security firm before an … Continue Reading

Incident Response Practice Tip: Balance Meeting Breach Notification Deadlines With Securing Your Network

By Theodore J. Kobus III on September 15, 2015 Posted in Breach Notification, Data Breach Notification Laws, Incident Response

State breach notification statutes are being amended on almost a monthly basis. Several laws have, or will soon have, a mandatory notification deadline for notifying affected individuals after the discovery of the incident. Washington’s new law, which went into effect on July 24, includes a 45-day deadline for notification but goes further to allow for … Continue Reading

A Deeper Dive: Data Security Incident? Don’t Panic

By Gerald J. Ferguson on August 17, 2015 Posted in Cybersecurity, Data Breaches, Incident Response

It’s 6 p.m. on a Friday and you get a call from your IT department. They have detected that an intruder has gained access to your company’s network. At this point, the headlines from the major data breaches of recent years may be flashing before you. You may be assuming the worst: regulatory investigations … … Continue Reading

A Deeper Dive: Risk Assessments Are a Necessary Step in Creating Layered Cyber Defenses

By Randal L. Gainer on June 4, 2015 Posted in Cybersecurity, Incident Response, International Privacy Law

We have released the inaugural BakerHostetler Data Security Incident Response Report, which provides insights generated from the review of more than 200 incidents that our attorneys advised on in 2014. Tens of thousands of cyber attackers employed by Chinese People’s Liberation Army and other employees and contractors of the Chinese Ministry of State Security work … Continue Reading

A Deeper Dive: Regulatory Investigations Following a Reported Breach

By Theodore J. Kobus III on June 2, 2015 Posted in Breach Notification, Incident Response, Information Security

In our inaugural Data Security Incident Response Report (the Report), we found that regulators inquired about a company’s breach 31% of the time and multi-state state Attorneys General investigations were launched less than 5% of the time. A post-breach investigation is not guaranteed. Certainly, in large, highly public incidents, companies can expect at least an … Continue Reading

2015 BakerHostetler Incident Response Report Shows One in Five Breaches Involved Paper Records

By Melinda L. McLellan on June 1, 2015 Posted in Cybersecurity, Data Breach Notification Laws, Data Breaches, Incident Response

BakerHostetler’s inaugural Data Security Incident Response Report offers a wealth of information regarding the causes of data security breaches, the manner in which those incidents are handled, and the legal and regulatory aftermath for affected companies. Among the Report’s interesting takeaways is a rebuttal of the popular assumption that data security incidents are all about … Continue Reading

To Err Is Human; to Indemnify, Divine?: Human Foibles in the Cloud

By Tanya Forsheit on May 19, 2015 Posted in Data Breaches, Incident Response, Information Security

BakerHostetler’s inaugural Data Security Incident Response Report (the “Report”) concluded that employee negligence and theft were two of the top five causes of data security incidents for the more than 200 incidents that we handled in 2014. Needless to say, this raises some important and concerning questions when it comes to the cloud. We note … Continue Reading

The DOJ Sets Out to Establish Standard for Data Security Incident Response and Preparation

By F. Paul Pittman on May 14, 2015 Posted in Data Breaches, Incident Response

Editor’s Note: The author is the most recent attorney to join our Privacy and Data Security Team. Paul represents clients in responding to potential data security incidents, counsels on incident response preparedness, and works with clients to develop appropriate policies to ensure compliance with applicable law, industry standards, or self-regulatory guidelines. He also counsels clients … Continue Reading

BakerHostetler’s First Data Security Incident Response Report Shows Human Error is Most Often to Blame

By Theodore J. Kobus III, Gerald J. Ferguson and Craig A. Hoffman on May 7, 2015 Posted in Incident Response

We are pleased to announce the release of the first BakerHostetler Data Security Incident Response Report, which provides insights generated from the review of more than 200 incidents that our law firm advised on in 2014. It looks at the nature of the threats faced by companies, as well as detection and response trends, and … Continue Reading

Vendor Contract Review and Cyber Risk Mitigation: How to Keep it Drama Free

By Tanya Forsheit on November 5, 2014 Posted in Cybersecurity

Editor’s Note: We recently launched a graphic illustrating our Cyber Risk Mitigation Services. This week, our attorneys will be writing about specific examples of those services. Vendor contract review—what does that mean to you? Does it bring back bad memories? A last minute scramble to close a deal? Capitulating to oppressive limits on liability to meet … Continue Reading