In the age of the data breach, lawyers and law firms have a lot in common with comic book superheroes: they are locked in a relentless battle against a cunning, ever-changing threat. This past week, Foley & Lardner experienced a “cyber event,” adding its name to the list of cyber attack victims which, according to Bloomberg Law, includes DLA Piper, Cravath, Swaine & Moore, Weil, Gotshal & Manges, over one third of small and medium-sized firms, and just under one quarter of large firms. Because of this growing and serious threat to the legal profession, the ABA published Formal Opinion 483 to direct attorneys and law firms on how they should handle data breaches before, during, and after an event. In short, lawyers are not expected to be as bulletproof as Superman, but they must take proactive steps to protect sensitive client data and they must disclose material data breaches. Continue Reading The ABA Says Lawyers Have Obligations Before and After a Data Breach
*Dayle A. Duran is a Legal Intern in the Litigation Practice Group of Murtha Cullina LLP.
She assists the group’s attorneys in privacy matters as well as intellectual property and commercial litigation. Dayle has a robust academic background in privacy and information security stemming from her research and her pursuit of a privacy concentration at Northeastern University School of Law.
Dayle also served as a legal intern with both the NuLawLab, an innovation laboratory at Northeastern University School of law, and Volunteer Lawyers for the Arts of Massachusetts.