Orrick Lawyers Author Article on Effective Response to Cyberattacks

Corporate Counsel | July.25.2014

​White collar and corporate investigations partner Mark Mermelstein, privacy and data security partner Antony Kim, and IP managing associate Robert Uriarte have co-authored an article on effective ways to respond to a cyberattack. The article, "Is It a 'Cyberattack' or a 'Data-Breach Incident'?", was published by Corporate Counsel. An excerpt from the article is below.

This article goes beyond the nuts and bolts of how to respond to a data-breach incident, and offers some lessons learned from the frontlines of the cybersecurity war to help companies successfully navigate the legal and public-relations minefield that ensues.
Responding to a cyberattack such as one that results in consumer personally identifiable information (PII) being accessed and even exfiltrated through a vulnerability in the company's computer system can feel like fighting a multiheaded hydra. The various stakeholders involved—company management, members of the board, regulators, outside auditors, shareholders, affected consumers, customers and potential customers, vendors and suppliers, banks and credit card brand companies, state and federal regulators, class action lawyers, and even Congress—are all evaluating their options.