Hack Attack: Reducing the Risks of Stockholder Litigation Arising From Data Breaches
*This post originally appeared in BNA’s Corporate Law & Accountability Report on November 6, 2017.
Cyberattacks and data breaches are increasingly the subject of front-page headlines and can have material effects on our personal lives. And yet, reports suggest that many corporate directors and managers remain relatively unaware of important cybersecurity issues, risks, and strategies that directly relate to their organizations.
For example: imagine that your company has fallen victim to a successful cyberattack and customer data was stolen. In the aftermath, the securities plaintiffs’ bar undoubtedly will be searching for stockholders to(among other things) pursue claims for violations of state and federal securities laws and/or for breaches of fiduciary duty against the company’s board. Are you, your colleagues, managers, and directors prepared to respond to and manage this type of incident and the subsequent litigation and regulatory investigations? Have you documented your diligence in governing cybersecurity risk? For many, the answer may be no.
This article discusses the scope of this problem, how it can directly impact you and your company, and steps you can take now to help prepare for the unknown. It is certainly true that even the best cybersecurity programs cannot guarantee deterrence of all attacks. But such programs unquestionably mitigate the risk of a breach, support organizational resilience, and help control the fallout should one occur.