Archives: Incident Response

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Deeper Dive: Ransomware – WannaCry and the Future of Ransomware-as-a-Service

In our 2017 BakerHostetler Data Security Incident Response Report, we addressed the increasingly ubiquitous scourge of ransomware, one of the fastest-growing types of malware causing data security incidents. We noted that ransomware attacks have been steadily expanding in both frequency and severity, and that those trends seemed set to continue for the foreseeable future. Less than a … Continue Reading

Deeper Dive: Implementing Basic Security Measures Can Stop Some Network Intrusions and Reduce the Damage From Others

In BakerHostetler’s 2017 Data Security Incident Response Report, we analyzed 104 network intrusion attacks that we helped our clients respond to last year. Such incidents typically occur when criminals find a weakness in a company’s internet-facing network, penetrate the network, conduct reconnaissance to find valuable data and export the data before they can be detected … Continue Reading

Deeper Dive: Merchant Liability Arising from Stolen Payment Cards

For merchants, accepting payment cards is not really a choice. Many merchants, however, are unaware of how that “choice” subjects them to significant potential liability in the event payment card data from cards swiped at the point-of-sale is stolen from their payment network. Often casually (but incorrectly) referred to as “PCI fines and penalties,” the … Continue Reading

Deeper Dive: Human Error Is to Blame for Most Breaches

Each year, as companies implement the latest security technologies, attackers develop and launch new tactics, techniques, and procedures to circumvent those technologies. While investment in security defense and detection technologies is an essential component to building an effective defense-in-depth strategy, the reality is that most breaches can be traced back to human error. In our … Continue Reading

Deeper Dive: Beware of Paper Records

BakerHostetler’s 2016 Data Security Incident Response Report reveals a number of interesting incident response trends: the range of incident causes is broad, all industries are affected, detection capabilities need to improve, it is difficult to provide meaningful notification quickly, and regulatory investigations are more common than lawsuits after notification occurs. One of the report’s interesting … Continue Reading

Deeper Dive: The Changing Landscape of Healthcare Data Breaches

For the second year in a row, the BakerHostetler Data Security Incident Response Report demonstrates that healthcare breaches continue to be the highest percentage of incidents that we handled in 2015. This year’s Report provides insights generated from the review of more than 300 incidents that our attorneys advised on in 2015. The report confirms … Continue Reading

BakerHostetler Data Security Incident Response Report Reveals Being “Compromise Ready” Better Positions Companies to Respond to Incidents

On March 30, 2016, we released our second annual Data Security Incident Response Report. Key findings show that phishing/hacking/malware was the cause of 31% of data security incidents during 2015, revealing a shift from 2014 when human error was the leading cause. The report also continues the inaugural-year theme that no industry is immune to … Continue Reading

Five Questions Clients Asked Most Often in 2015 About Incident Response

We provided incident response and incident response preparedness services to hundreds of companies in 2015. The questions we answered were as unique and varied as the incidents companies faced. Some were challenging, and occasionally they were easy to answer (e.g., Can we create a fake employee to sign the notification letter?), but often they were … Continue Reading

Incident Response Tip: Five Ways to Improve Information Security and Reduce the Impact of a Data Breach

The new year will arrive in a few short days and when the bell tolls, it will mark the end of another extremely active year of data breaches. High-profile breaches such as Anthem, Ashley Madison, and the Office of Personnel Management serve as a reminder that it is a matter of when, not if, your … Continue Reading

How and Why to Pick a Forensic Firm Before the Inevitable Occurs

A forensic investigation by a security firm often does (and should) drive decision-making in response to an incident. Because the work of a security firm usually drives the critical path of a response, companies can become better prepared to respond quickly and effectively to potential incidents by identifying and onboarding a security firm before an … Continue Reading

Colleges and Universities Are Prime Cyberattack Targets: What’s Behind the Threat?

When it comes to cyberattack targets, many think of retailers and associated credit card transactions or customer information, or perhaps healthcare providers with their ever-increasing storage and transmission of electronic information related to patients. But colleges and universities are increasingly under siege from hackers. In fact, the education sector, according to recent reports, comes in … Continue Reading

Incident Response Practice Tip: Balance Meeting Breach Notification Deadlines With Securing Your Network

State breach notification statutes are being amended on almost a monthly basis. Several laws have, or will soon have, a mandatory notification deadline for notifying affected individuals after the discovery of the incident. Washington’s new law, which went into effect on July 24, includes a 45-day deadline for notification but goes further to allow for … Continue Reading

2015 BakerHostetler Security Incident Response Report Provides Insight Beyond Technical Incidents

There is no longer a debate – security incidents are inevitable. Organizations are working to be better prepared to respond when the first sign of an incident is detected (often at 4:30 p.m. on a Friday). So what kind of incidents should they prepare for and how should they prepare? Annual reports from forensic investigation … Continue Reading

Deeper Dive: Healthcare Incidents Involving More Than 500 Individuals Are Investigated 100 Percent of the Time

We have released the inaugural BakerHostetler Data Security Incident Response Report, which provides insights generated from the review of more than 200 incidents that our attorneys advised on in 2014. The report confirms the prevalence of healthcare data breaches stemming from the implementation of the Health Information Technology for Economic and Clinical Health (HITECH) Act … Continue Reading

An Ounce of Prevention Is Better (and Cheaper) Than a Pound of Cure: It’s time for a data protection checkup.

We recently released the first BakerHostetler Data Security Incident Response Report, which provides insights generated from the review of more than 200 incidents that our law firm advised on in 2014. The report shows that human error was the number one cause of data security incidents we worked on last year, with employee negligence responsible … Continue Reading

A Deeper Dive: Risk Assessments Are a Necessary Step in Creating Layered Cyber Defenses

We have released the inaugural BakerHostetler Data Security Incident Response Report, which provides insights generated from the review of more than 200 incidents that our attorneys advised on in 2014. Tens of thousands of cyber attackers employed by Chinese People’s Liberation Army and other employees and contractors of the Chinese Ministry of State Security work … Continue Reading

A Deeper Dive: Regulatory Investigations Following a Reported Breach

In our inaugural Data Security Incident Response Report (the Report), we found that regulators inquired about a company’s breach 31% of the time and multi-state state Attorneys General investigations were launched less than 5% of the time. A post-breach investigation is not guaranteed. Certainly, in large, highly public incidents, companies can expect at least an … Continue Reading

2015 BakerHostetler Incident Response Report Shows One in Five Breaches Involved Paper Records

BakerHostetler’s inaugural Data Security Incident Response Report offers a wealth of information regarding the causes of data security breaches, the manner in which those incidents are handled, and the legal and regulatory aftermath for affected companies. Among the Report’s interesting takeaways is a rebuttal of the popular assumption that data security incidents are all about … Continue Reading

To Err Is Human; to Indemnify, Divine?: Human Foibles in the Cloud

BakerHostetler’s inaugural Data Security Incident Response Report (the “Report”) concluded that employee negligence and theft were two of the top five causes of data security incidents for the more than 200 incidents that we handled in 2014. Needless to say, this raises some important and concerning questions when it comes to the cloud. We note … Continue Reading

The DOJ Sets Out to Establish Standard for Data Security Incident Response and Preparation

Editor’s Note: The author is the most recent attorney to join our Privacy and Data Security Team. Paul represents clients in responding to potential data security incidents, counsels on incident response preparedness, and works with clients to develop appropriate policies to ensure compliance with applicable law, industry standards, or self-regulatory guidelines. He also counsels clients … Continue Reading

2015 BakerHostetler Incident Response Report Deeper Dive—Retailer Liability Arising from Stolen Payment Cards

We released the inaugural BakerHostetler Data Security Incident Response Report, which provides insights generated from the review of more than 200 incidents that our attorneys advised on in 2014. Over the next four weeks, we will post several blogs that will provide a more in-depth look at certain findings. In this post, we cover one … Continue Reading

BakerHostetler’s First Data Security Incident Response Report Shows Human Error is Most Often to Blame

We are pleased to announce the release of the first BakerHostetler Data Security Incident Response Report, which provides insights generated from the review of more than 200 incidents that our law firm advised on in 2014. It looks at the nature of the threats faced by companies, as well as detection and response trends, and … Continue Reading
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