Insights
Cybersecurity
91 articles on cybersecurity from the Law & Forensics team.
June 2, 2026
Your Vendors Are Your Weakest Link: The Legal Strategy for Third-Party Cyber Risk
Organizations spend billions hardening their own perimeters while their vendors — who hold sensitive customer data, process transactions, and operate inside enterprise networks — often run at a fraction of that security maturity. The legal consequences of that asymmetry land on the organizations that hired them, not the vendors that failed.
June 2, 2026
The Board's New Cyber Mandate: SEC Disclosure Rules, the Attestation Chain, and the Case for Independent Audits
The SEC's 2023 cybersecurity rules turned oversight into a documented chain that runs from the security team, through the boardroom, and into a company's public filings. For directors, that chain is now the exposure surface — and independent audits are what make it defensible.
June 2, 2026
Ransomware's Legal Minefield: Why Paying Up Can Be Just the Beginning of Your Problems
Ransomware victims face a layered legal crisis that begins — not ends — with the ransom decision. OFAC sanctions exposure, SEC disclosure obligations, and insurance coverage disputes create a gauntlet that organizations must navigate in hours, not days. Here is the legal playbook.
June 2, 2026
AI Without Guardrails Is a Liability: Building the Governance Framework Your Organization Actually Needs
Enterprises racing to deploy AI and machine learning are generating new categories of legal and regulatory risk faster than their governance structures can absorb them. The organizations that get this right are not the ones moving fastest — they are the ones that built the compliance architecture first.
February 20, 2026
Deepfake Defense: Securing Real Estate Transactions in the Age of AI
AI voice and video deepfakes are turning real estate closings into prime targets for wire fraud and impersonation. Here is how to verify identity and defend the funds flow.
December 22, 2025
Deep Fakes and the Integrity of Evidence in Family Courts
In the evolving landscape of family law, the emergence of deep fake technology presents a complex challenge. Deep fakes utilize artificial intelligence to create highly realistic and convincing fake videos and audio…
October 22, 2025
Think Like a Hacker; Plan Like a Lawyer
Cybersecurity is a critical concern for all businesses, including small law firms and solo practitioners. While larger firms often have the resources to implement robust cybersecurity measures, smaller firms must…
January 16, 2025
Facing the Deepfake Crisis: Insights From Enterprise and Legal Frontlines
The rapid advancement of deepfake technology has introduced unprecedented challenges across industries, fundamentally transforming our digital trust landscape through sophisticated corporate fraud and emerging legal…
January 9, 2025
Banks’ Reactive Approach To Fraud Is No Longer Sufficient
Banks today face a formidable challenge in combating fraud amid rapid digital transformation. Despite significant investments in security, fraud incidents continue to expose critical vulnerabilities. Traditional…
December 20, 2024
Arbitrating Smart Contract Disputes: A Comprehensive Approach
Smart contracts, self-executing digital agreements encoded on blockchain networks, have gained significant traction in various industries due to their potential to streamline transactions, reduce costs, and enhance…
September 26, 2024
Inside the Clubhouse: The Growing Cyber Threats Facing Country Clubs
Country clubs have become increasingly attractive targets for cybercriminals. Members entrust these institutions with highly sensitive information, including names, addresses, birthdates, Social Security numbers, and…
September 2, 2024
AI: A Shield Against Cybercrime
As we have grown to rely more and more on dependent on digital methods of conducting business, and information is the new currency, cybercrime has become a pervasive threat. From data breaches to ransomware attacks,…
August 14, 2024
Financial Institutions Guide to Cybersecurity and Operational Resilience
The financial industry operates in a complex and dynamic landscape, characterized by increasing digitalization, regulatory scrutiny, and the ever-present threat of cyberattacks. To safeguard customer assets, maintain…
July 29, 2024
Neom: A Techtopia?
Rising from the Saudi Arabian desert sands, Neom promises to be a futuristic metropolis, a beacon of technological innovation and sustainable living. Yet, beneath the gleaming vision lies a shadow of concern – the…
July 29, 2024
Cybersecurity in Multidistrict Litigation
MDLs can pose unique challenges for cybersecurity litigators as MDLs often involve large volumes of data that may be consolidated from disparate sources. This article examines some key cybersecurity considerations…
May 13, 2024
Navigating personal liability: post data-breach recommendations for CISOs
CISOs can avoid being liable for data breaches by following legal advice, communicating effectively with internal and external stakeholders, and demonstrating commitment to avoid future incidents.
May 9, 2024
Guidance for CISOs After United States v. Sullivan and SEC v. SolarWinds
Two landmark enforcement actions have reshaped CISO personal liability. Here is what Sullivan and SolarWinds mean for disclosure, documentation, and the CISO-counsel relationship.
April 18, 2024
From Niche to Universal: The Broadened Application of NIST Cybersecurity Framework 2.0
NIST CSF 2.0 expands beyond critical infrastructure to every organization and adds a new Govern function—reshaping how legal and compliance teams approach cyber risk.
March 26, 2024
Independent Cybersecurity Audits Are Powerful Tools for Boards
Board members today increasingly face personal liability for their organization’s cyber posture. This has raised the stakes of attestations and created a need to gain insight into cyber programs.
March 19, 2024
Small Law Firms Must Take Action and Address Cybersecurity and Privacy Regulations
Cybersecurity and privacy regulations have become increasingly important in recent years due to the exponential growth of technology and the internet. The legal industry, including small law firms, is not immune to…
November 14, 2023
Between Disclosure and Discretion: The SEC's Cybersecurity Rules and Trade Secret Protection
The SEC's cyber incident-disclosure rules force public companies to describe breaches publicly while protecting trade secrets. Here is how counsel can satisfy both obligations.
September 26, 2023
Mitigating Vendor Cybersecurity Risk: A Practical Guide for Companies and Counsel
Vendors and suppliers are now a primary attack path into the enterprise. Here is how general counsel, procurement, and CISOs can manage third-party cyber exposure through diligence, contracts, and coordination.
August 28, 2023
SEC’s New Cybersecurity Rules and Protection of Trade Secrets
The prevailing wisdom among chief information security officers and cybersecurity professionals has long been that effective cyber preparedness requires shielding threat actors’ visibility into the technical defenses…
August 21, 2023
Protecting Against State-Sponsored Cyber Hostilities
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August 21, 2023
How the SEC is Transforming Corporate Cybersecurity Oversight
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August 21, 2023
SEC Cybersecurity Regulations Impacting Corporate Governance
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May 15, 2023
Cybersecurity Tabletop Exercise for a Multinational Insurance Brokerage Company
[](/assets/uploads/2023/05/pexels-adrien-olichon-3767170-scaled.jpg)Law & Forensics has recently hosted a successful cybersecurity tabletop exercise for a multinational insurance brokerage company. Law & Forensics is…
December 14, 2022
New York DFS Proposed Cybersecurity Regulations
On November 9, 2022, the New York Department of Financial Services (NYDFS) issued a proposed second amendment to its 2017 Cybersecurity Regulation 23 NYCRR 500 (“Proposed Amendments”). The publication of these…
November 9, 2022
To Catch a Trade Secret Thief With Forensic Neutrals
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July 28, 2022
Cyberattacks in the Health Care Industry: The Way Forward
What threats does the health care industry face? The health care industry is particularly vulnerable to cybercrime given its dependence on electronic health information and antiquated security systems. Apart from…
June 8, 2022
The Founder of a Cyberwar Journal Talks About Ukraine (and More)
Daniel Garrie is an unusual lawyer. Or maybe I should say that Daniel Garrie is an unusual tech entrepreneur. Or JAMS mediator. Or journal editor. Or… You get the idea. He has a multifarious background and career,…
July 15, 2021
Ransomware Payments, OFAC Compliance, and Avoiding Liability
Paying a ransomware demand can expose an organization to sanctions liability. Here is how GCs, CISOs, and incident-response teams reduce OFAC risk.
June 22, 2021
Smart Contracts & Cryptocurrency Made Simple
A senior lawyer asked his colleague “So when did Smart Contracts become “a thing”? The younger lawyers in our firm are talking past me with terms like “blockchain”, “smart contract”, and “Ethereum” and whether Elon…
May 26, 2021
Attracting Top Cybersecurity Talent to the Federal Government: A Simple Yet Bold Solution
With cybersecurity attacks increasing in frequency and severity and cyber gangs becoming ever more sophisticated, the shortage of cybersecurity professionals to combat them poses one of the biggest threats to public…
March 29, 2021
Trade Secrets: Is Litigating Infringement Worth It? What Can Be Done Instead?
However, information deemed a trade secret is not protected by a patent, copyright, or trademark. Such information is protected by keeping it under wraps. Unlike patents, which require the inventor or owner “to…
March 10, 2021
Questions to Ask Law Firms to Know if They Were Compromised?
Most law firms practice law. Only a handful operate as global companies and even fewer invest significantly in cybersecurity annually. In other words, law firms, unlike many other companies today, often do not have…
February 15, 2021
I Could Be Prosecuted for Paying Ransomware Ransom! How is that Possible?
As our world becomes increasingly technologically driven, the risk of cybercrimes rises exponentially. The global pandemic has resulted in many lawyers employing technologies from home, often with a computer or home…
November 11, 2020
The COVID-19 Impact on Arbitration & How To Navigate Virtual Proceedings
Legal proceedings have traditionally been in-person activities, with counsel, parties, witnesses, and the judge, arbitrator or mediator all physically present. The COVID-19 pandemic, however, has drastically changed…
September 11, 2020
Arbitration During A Global Pandemic: How to Properly Leverage Zoom and Similar Platforms to Conduct Arbitration Hearings
First, parties must identify a platform (e.g., Zoom) which will be the presumptive platform used for the arbitration hearing, absent any other orders by the arbitrator. The platform must provide (a) robust…
August 31, 2020
Employer Best Practices for Monitoring Remote Devices
It is generally known that individuals have reduced privacy rights for work-related activity than they have in their personal lives, and that these reduced privacy rights extend to devices owned or provided by their…
August 6, 2020
Here’s Why Your Employer May Monitor Your Personal Files On Company Devices
It is generally well-known that individuals have a significantly lower expectation of privacy with regard to anything done at or for work than they do with things at home or in their personal lives.
August 4, 2020
Customizing Traditional Models of Mediation to Work in Today’s Covid-19 Environment
Mediation is often viewed by lawyers as a “this” or “that” on the spectrum from facilitative to evaluative. In reality, experienced neutrals view mediation as a process customized to the needs of the parties in a…
July 7, 2020
Defining Cyber Threats
Insurance policies often contain so-called war exclusions. These provisions, which can differ significantly in how they are worded, purport to limit coverage for losses arising out of war or warlike actions.
June 30, 2020
Migrating Away From Traditional Models Of Mediation
Mediation is often viewed by lawyers as a “this” or “that” on the spectrum from facilitative to evaluative. In reality, experienced neutrals view mediation as a process customized to the needs of the parties in a…
July 19, 2019
Executive Order 13873 Could Expand The Reach Of War Exclusions In Cyber Policies
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January 1, 2019
Reviewing 2018 And Predicting What’s Ahead In Cybersecurity
CyberInsecurity News: One of the things that you were talking about early last year was vendor vulnerability—that is, vulnerable to cyberattacks. And that was going to be a big issue.
December 28, 2018
Spearfishing Can Be Stopped Once You Remove The Bait
Spearfishing, whaling, fishing, and all other variations of email scam are plaguing law firms, businesses (big and small), and any company or individual who uses email. What is driving this epidemic? The irresistible…
October 8, 2018
Why is Cybersecurity Important?
Although it may seem like small businesses aren’t the main targets for cybercrime, they actually are quite appealing because they aren’t as hard to crack. Additionally, in the circumstance that the cybercriminal is…
September 21, 2018
Separate The NSA and Cyber Command Now
Today, U.S. Cyber Command and the National Security Agency operate under one overarching structure. As a result, they are effectively joined at the hip as they pursue unnecessarily overlapping goals and missions,…
April 1, 2018
Predictions And Threats For The Year In Cybersecurity
Legal BlackBook: The MIT article focused on the likely future targets of cyberattacks, including cloud storage companies, data brokers who store information about people’s Web browsing habits, and infrastructure such…
March 15, 2018
White Paper: Authenticating Social Media Evidence
Social media evidence in particular presents unique challenges as to authentication because it can be difficult to attribute statements or actions taken via the Internet to a specific person.
January 24, 2018
Hacked? Don’t waste time pointing fingers
Consider the following scenario. You are coming home from a vacation with your family. When you reach the front door, you notice that the door is unlocked and the door jamb is completely busted. You push open the…
July 31, 2017
Cybersecurity Risks In The Courtroom
Though courts are traditionally open to the public through physical access, or electronic filing systems such as PACER, courts around the country are routinely tasked with administering justice in a confidential…
June 5, 2017
Hacking Elections: An Act of War?
In the wake of these hearings, many prominent members of both political parties have alleged that Russia’s actions amount to an Act of War. Rep. Bonnie Watson Coleman (D-N.J.) claimed, in a House Homeland Security…
May 9, 2017
Can Congress do anything to address SS7 risks? Some say yes
Politicians are becoming increasing aware and concerned about cybersecurity issues. One need look no further than two recent letters written by Senator Ron Wyden (D-Ore), senior member of the Senate Intelligence…
April 1, 2017
The Evolving Effect of Technology in Litigation
The rise of technical issues in litigation is steadily increasing the time and cost of resolving lawsuits. The average civil litigation in federal court takes upwards of 24 months to reach a resolution on the merits.
March 9, 2017
What Lawyers Are Asking About the New York DFS Cybersecurity Regulation
In September 2016, the New York Department of Financial Services (DFS) proposed a new Cybersecurity Regulation that would impose strict cybersecurity requirements on banks, consumer lenders, money transmitters,…
February 6, 2017
What is the Most Underestimated IT Security Threat, and Why?
One of the most chilling developments in IT security this past year were the cyber attacks reported on energy utilities and manufacturing plants, which exploited critical infrastructure vulnerabilities introduced by…
January 23, 2017
A New Focus on Law Firm Cybersecurity
Law firms have long held a hallowed position in the corporate world, as the preeminent keeper of confidences. But the frequency with which law firms are falling victim to data breaches and hacks should leave clients…
January 16, 2017
It’s the most wonderful time of the year…for cybercriminals
It’s the most wonderful time of the year…for cybercriminals. Black Friday, Cyber Monday, and now the January clearance sales present an opportunity for a cyberattack. It has been reported that up to 89% of retailers…
October 31, 2016
Is Cyberinsurance Really Worth It? Using ADR to Resolve Cyberattack Disputes
While strengthening a company’s cybersecurity posture can make a considerable difference, companies must also prepare for the unfortunate inevitability of a successful cyberattack. Recognizing this risk, companies…
October 24, 2016
How prepared are law firms to face cyber security threats?
The hacking of Panamanian law firm Mossack Fonseca last April resulted in 11.5 million leaked attorney-client privileged documents, exposing the widespread use of off-shore businesses by wealthy individuals and…
October 6, 2016
What You Need to Know Now (and Ask Your Broker) About Cyber Insurance
It is undeniably the age of the cyberattack. One need look no further than the headlines of the nearest newspaper to see that there has been an explosion in the frequency and gravity of cyberattacks.
September 26, 2016
The Panama Papers: How to keep your firm out of the headlines
Law firms have long held the position in our society of being problem solvers. They untangle the mess of business and create rules for society. Since their inception, law firms have devoted significant resources to…
September 16, 2016
Looking Beyond Courthouse To Resolve Data Breach Disputes
As the number and severity of data breaches have increased in recent years, there has been a corresponding rise in data breach litigation in courts across the United States. After any given data breach, lawsuits are…
July 12, 2016
Do the Pokémon Go: Information Security in the Physical World
On July 6, 2016, Augmented Reality made a great leap forward with the release of Pokémon Go, a mobile game that allows players to interact with Pokémon that seem to appear throughout the real world, even going so far…
June 30, 2016
Why Arbitration Clauses May Make Sense in Cyber Insurance Policies
[](/assets/uploads/2020/06/insurance-scaled.jpg)Arbitration tends to work best when both parties buy into the process from the beginning. Alternatively, the process often works poorly when one party feels that…
June 2, 2016
Encryption for Lawyers
[](/assets/uploads/2020/07/encyption-scaled.jpg)Why should lawyers be interested in encryption? When you send information (an email message, perhaps a file) electronically, it most likely passes through wires that…
June 1, 2016
An Unsatisfactory State of the Law: The Limited Options for a Corporation Dealing with Cyber Hostilities by State Actors
To read the full article, go to Cardozo Law Review.
April 29, 2016
The Voyeur among Us: Navigating Around the Global Spyware Epidemic
[](/assets/uploads/2020/07/spy-scaled.jpg)Spyware poses a serious threat of privacy infringement to unassuming internet users across the globe. Existing European legislation attempts to protect end-users from…
February 26, 2016
Privacy Vs. Accessibility: Can They Coexist In Cyberspace?
The public safety versus privacy debate regarding cybersecurity and end-to-end encryption has entered the mainstream of society and jurisprudence. One need look no further than the very public Apple Inc. v. FBI…
February 24, 2016
‘Ten Commandments’ of Cyber Security Can Enhance Safety
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January 1, 2016
The Need for Private-Public Partnerships Against Cyber Threats — Why A Good Offense May be Our Best Defense.
The Internet has delivered on its promise of social and economic progress. Unfortunately, it has also delivered unprecedented opportunities for scaling global conflict, terrorism, criminal activity, state and…
December 17, 2015
So You’re Telling Me There’s a Chance: How the Articles on State Responsibility Could Empower Corporate Responses to State-Sponsored Cyber Attacks
[](/assets/uploads/2020/06/ssrn-scaled.jpg)This article begins with a brief summary of the international legal framework that regulates state interactions. The legal authority for government sanctioned corporate…
December 2, 2015
The ‘Soft Power’ War ISIS Doesn’t Want
Again, we stand in shock, but not in real surprise. It takes careful planning to inflict indiscriminate violence and bloodshed upon the world — and the confusion, fear and anger that follows.
April 15, 2015
Guarding Against a ‘Cyber 9/11’
The Internet provides an easy, low-cost and low-risk means for nonstate actors or terrorist groups to amplify the impact of any attack. But a large-scale cyberattack on critical infrastructure could prove…
February 5, 2015
Cybersecurity Insurance: It’s Not Just for ‘The Good Wife’
In a recent episode of CBS’s “The Good Wife,” the fictional law firm Florrick, Agos & Lockhart was hit with a cybersecurity threat demanding that $50,000 be paid within 72 hours or all files on the firm’s computer…
October 3, 2014
Cyber-Security Insurance: Navigating the Landscape of a Growing Field
[](/assets/uploads/2020/06/landscape-scaled.jpg)In today’s marketplace where businesses are constantly being threatened by data breaches and cyber-attacks, it is imperative that a global company obtain cyber-security…
January 1, 2010
Mobile Messaging Making E-Discovery Messy
Ah… do you remember when there were “two-party phone lines” or when a melodious-voiced operator would ring your phone and say, “Please hold, there is a long distance call for you”?
September 11, 2009
Privacy in Electronic Communications: The Regulation of VOIP in the EU and the United States
In its broadest definition, VoIP can be described as the ‘‘conveyance of voice, fax and unrelated services publicly or wholly over packet switched IP-based networks including peer-to-peer VoIP and VoIP services…
January 1, 2009
Impersonation of Life “The Perils of Social Networking”
As the user realizes their dilemma, their brow becomes furrowed and drips with sweat caused by frustration and concern. While they wring their hands with despair, they ask themselves, “How could this have happened?”,…
June 10, 2008
Network Neutrality: Laissez-Faire Approach or Not?
To read the full article, go to Rutgers Computer & Technology Law Journal.
May 4, 2008
Parasiteware: Unlocking Personal Privacy
[](/assets/uploads/2020/06/spy-scaled.jpg)Spyware presents a threat of privacy infringement to unassuming internet users irrespective of their country of citizenship. European legislation attempts to protect…
April 1, 2008
Corporate Counsel’s New Dance Partner: Criminal Lawyers Teach the Limbo Dance
To read the full article, go to Scripted.
February 1, 2008
Revisiting Network Neutrality
In the US, however, the main concern arising is a potential for a “fragmented” Internet, which leads us to conclude that network neutrality legislation is necessary on multiple levels. The article will conclude that…
January 1, 2007
Regulating Voice Over Internet Protocol: An E.U./U.S. Comparative Approach
To read the full article, go to American University International Law Review.
December 1, 2006
The Legal Status of Spyware
The law provides those whose private information is being misused little recourse and provides little protection for those legitimately mining information. Even though large-scale breaches grab the headlines, many…
October 19, 2006
Demystifying Clickstream Data: A European and U.S. Perspective
data and by analyzing the extent to which such data is protected.
June 14, 2006
Warning: Software May Be Hazardous to Your Privacy!
[](/assets/uploads/2020/06/software-scaled.jpg)Spyware poses a serious threat of privacy infringement to unassuming internet users across the globe. Existing European legislation attempts to protect end-users from…
June 14, 2006
Coddling Spies: Why the Law Doesn’t Adequately Address Computer Spyware
[](/assets/uploads/2020/06/hacker-1-scaled.jpg)Consumers and businesses have attempted to use the common law of torts as well as federal statutes like the Computer Fraud and Abuse Act, the Stored Wire and Electronic…
June 12, 2006
Voice over Internet Protocol and the Wiretap Act: Is Your Conversation Protected?
[](/assets/uploads/2020/06/wiretap-scaled.jpg)10101101: Is this sequence of digits voice or data? To a computer, voice is a sequence of digits and data is a sequence of digits. The law has defined 10101101 to be…
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