Depressed employee with laptopMost people have elevated stress during the holiday season — work, travel, family, money, time.  And holiday stress can make people inattentive, tired, frustrated, and willing to take short cuts, especially when it comes to computer and Internet use.  This is when mistakes happen.  It’s when we decide to evade policy by emailing work home or by using the unsecured airport Wi-Fi because our plane is delayed.  It’s also when malicious acts of information theft, sabotage, and fraud can more easily occur and go undetected.

According to a recent survey, insider threats — as opposed to outside actors — can account for nearly 75% of cyber incidents.  These incidents occur because of the actions of employees, suppliers, customers, and previous employees.  Law firms are not exempt, particularly small to medium size firms.  In fact, smaller firms typically have fewer resources to devote to cybersecurity and use more outside suppliers.

End-of-year activities for law firms also make them especially vulnerable to insider threats, whether inadvertent or malicious: the push to bill and collect for more hours, time-sensitive legal matters that must be resolved before the end of the calendar year, attending to year-end tax accounting, case and client review, bonus calculations.  Lawyers and their staff feel the strain of extra hours, looming deadlines, and sometimes contentious clients at the same time we all feel holiday pressures at home.

What is at risk?
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Last Piece of PuzzleWhew – we’ve survived yet another round of states enacting or amending their PII breach notification laws.  If a trial lawyer’s vacation is the time between her question and the witness’s answer, a data security lawyer’s vacation is when state legislatures are out of session.

Back in 2002, California enacted the first state law mandating notification of individuals whose personally identifiable information (PII) is breached.  Now every state has followed suit, with the final two holdouts, Alabama and South Dakota, joining the other forty-eight states, the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands by enacting PII breach notification statutes.  Each state has its own unique approach, and the states continue to expand their requirements, especially their definitions of what constitutes PII and the timing and content of mandated notifications.

These laws are triggered by the affected individuals’ residency, not where the breach occurred. So, when an organization with employees or customers in many states suffers a data breach, it must comply with a wide variety of conflicting and evolving state breach notification laws. And differ and evolve they do:
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Bare feet of muddy childrenYou’d think, among all types of businesses, that law firms would be at the front of the pack in having a data security policy.  After all, law firms regularly tell their clients how important it is to have effective policies in place for legal compliance and risk management.  And law firms certainly possess large volumes of valuable data, such as confidential client information and individual’s personal data, and are subject to a daunting array of security threats.  But as the saying goes, all too often the cobbler’s kids have no shoes.

How shoeless?  Results from the  2017 ABA Legal Technology Survey are grim.  Less than half of the responding law firms have the following policies and plans, which are crucial to a firm’s security posture:

  • computer acceptable use policy (48%);
  • remote access policy (45%);
  • disaster recovery/business continuity plan (42%)
  • incident response plan (26%); and
  • personal technology use/BYOD policy (24%).

This is astounding, especially given the compelling reasons for law firms to put data security policies in place.


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