Cyber Liability
Businesses continue to rely on technology and embrace new electronic advances that increase the potential for data security and privacy breaches. KDVG’s attorneys have expertise in Media and Cyber Liability. In addition, we have formed alliances with various “data crisis vendors” to ensure that client breaches are handled seamlessly and in accordance with federal notification laws.
Our expertise and experience in Cyber Liability include Security Liability and Privacy Liability. Security Liability is the unauthorized access/use of a business’s network. Theft of mobile computer equipment perpetrates data theft. Many cases involve employees who have trusted access into the network. Employees or trusted third parties with access into the network can steal identity information and critical business information, transmit malicious code and play a part in a denial-of-service attack (DoS attack) or distributed denial-of-service attack (DDoS attack) against your network or the network of others. Does and DDoS attacks are attempts to make a computer resource such as a network unavailable to its intended users. This risk includes paper documents as well as electronic data.
Privacy Liability is the violation of privacy laws or regulations that permit individuals to control the collection, access, transmission, use and accuracy of their personally identifiable medical and/or financial information. The most serious civil and regulatory disclosure or theft involves personally identifiable non-public information; however, there are risks associated with disclosure or theft of others’ confidential corporate data.
Our attorneys assist clients in designing privacy statements, improving security policies and procedures and handling post-loss when clients need to make notification and crisis management decisions quickly.
"Large-scale compromises of computer data network systems, particularly related to the banking and financial industry, are leading to unique and unprecedented litigation of complex commercial matters. Given the wide-ranging cyber security and identity theft issues involved, claims are emerging. Liability may ultimately depend on where in the long chain of electronic transactions a breakdown occurred, regardless of whether the best available technology and cyber security had been implemented in the computer data network." From "COMPLEX LITIGATION & E-Discovery," by Christopher Nucifora New Jersey Law Journal, May 18, 2009.
Reprinted with permission from the MAY 18, 2009 edition of New Jersey Law Journal. © 2009 Incisive Media US Properties, LLC. All rights reserved. Further duplication without permission is prohibited.