Cybersecurity Fundamentals for Legal Professionals

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Shawn E. Tuma Cybersecurity & Data Privacy Attorney Scheef & Stone, LLP [email protected] Cybersecurity Fundamentals for Legal Professionals: A Lawyer’s Duty to Protect Client Confidences @shawnetuma

Transcript of Cybersecurity Fundamentals for Legal Professionals

Page 1: Cybersecurity Fundamentals for Legal Professionals

Shawn E. Tuma

Cybersecurity & Data Privacy Attorney

Scheef & Stone, LLP

[email protected]

Cybersecurity Fundamentals for Legal Professionals: A Lawyer’s

Duty to Protect Client Confidences

@shawnetuma

Page 2: Cybersecurity Fundamentals for Legal Professionals

The Problem

• Cybersecurity and privacy are issues that most attorneys would prefer to ignore but are uniquely obligated to address.

• Cybersecurity and privacy impact all lawyers and law firms alike.

• Clients demanding adequate security (firms are their third-party risk).

• Law firms are an increasingly popular target.

• Value and sensitivity of data.

• Data for multiple clients.

Page 3: Cybersecurity Fundamentals for Legal Professionals

The Ethics

“A lawyer should preserve the confidences and secrets of a client.”

• Ethics Opinion 384 (Sept. 1975)

• Canon No. 4, Code of Professional Responsibility

• Disciplinary Rule (DR) 4-101 (A) and (B)

Page 4: Cybersecurity Fundamentals for Legal Professionals

To protect law firm, you must:

• Protect your data for

• Confidentiality

• Integrity

• Availability

• Against threats from

• Insiders

• Outsiders

• Third-party partners

Page 5: Cybersecurity Fundamentals for Legal Professionals

The Question

Are most cybersecurity and privacy incidents:

• Sophisticated James Bond-like attacks?

or

• Simple things, like people doing dumb things?

Page 6: Cybersecurity Fundamentals for Legal Professionals

Usually the real-world threats are not so sophisticated

Easily preventable

• 90% in 2014

• 91% in 2015

• 63% confirmed breaches from weak,

default, or stolen passwords

• Data is lost over 100x more than stolen

• Phishing used most to install malware

Easily Avoidable Breaches

90% in 2014

91% in 2015

91% in 2016 (90% from email)

Page 7: Cybersecurity Fundamentals for Legal Professionals

Common Cybersecurity Best Practices

1. Risk assessment.

2. Policies and procedures focused on cybersecurity.• Social engineering, password, security questions

3. Training of all workforce.

4. Phish all workforce (esp. leadership).

5. Signature based antivirus and malware detection.

6. Access controls.

7. Security updates and patch management.

8. Multi-factor authentication.

9. Backups segmented offline and redundant.

10. No outdated or unsupported software.

11. Incident response plan.

12. Encrypt sensitive and air-gap hypersensitive data.

13. Adequate logging and retention.

14. Third-party security risk assessment & management.

15. Intrusion detection and intrusion prevention systems.

Page 8: Cybersecurity Fundamentals for Legal Professionals

Common Cybersecurity Best Practices

1. Risk assessment.

2. Policies and procedures focused on cybersecurity.• Social engineering, password, security questions

3. Training of all workforce.

4. Phish all workforce (esp. leadership).

5. Signature based antivirus and malware detection.

6. Access controls.

7. Security updates and patch management.

8. Multi-factor authentication.

9. Backups segmented offline and redundant.

10. No outdated or unsupported software.

11. Incident response plan.

12. Encrypt sensitive and air-gap hypersensitive data.

13. Adequate logging and retention.

14. Third-party security risk assessment & management.

15. Intrusion detection and intrusion prevention systems.

Page 9: Cybersecurity Fundamentals for Legal Professionals

Common Cybersecurity Best Practices

1. Risk assessment.

2. Policies and procedures focused on cybersecurity.• Social engineering, password, security questions

3. Training of all workforce.

4. Phish all workforce (esp. leadership).

5. Signature based antivirus and malware detection.

6. Access controls.

7. Security updates and patch management.

8. Multi-factor authentication.

9. Backups segmented offline and redundant.

10. No outdated or unsupported software.

11. Incident response plan.

12. Encrypt sensitive and air-gap hypersensitive data.

13. Adequate logging and retention.

14. Third-party security risk assessment & management.

15. Intrusion detection and intrusion prevention systems.

Page 10: Cybersecurity Fundamentals for Legal Professionals

Common Cybersecurity Best Practices

1. Risk assessment.

2. Policies and procedures focused on cybersecurity.• Social engineering, password, security questions

3. Training of all workforce.

4. Phish all workforce (esp. leadership).

5. Signature based antivirus and malware detection.

6. Access controls.

7. Security updates and patch management.

8. Multi-factor authentication.

9. Backups segmented offline and redundant.

10. No outdated or unsupported software.

11. Incident response plan.

12. Encrypt sensitive and air-gap hypersensitive data.

13. Adequate logging and retention.

14. Third-party security risk assessment & management.

15. Intrusion detection and intrusion prevention systems.

Page 11: Cybersecurity Fundamentals for Legal Professionals

Common Cybersecurity Best Practices

1. Risk assessment.

2. Policies and procedures focused on cybersecurity.• Social engineering, password, security questions

3. Training of all workforce.

4. Phish all workforce (esp. leadership).

5. Signature based antivirus and malware detection.

6. Access controls.

7. Security updates and patch management.

8. Multi-factor authentication.

9. Backups segmented offline and redundant.

10. No outdated or unsupported software.

11. Incident response plan.

12. Encrypt sensitive and air-gap hypersensitive data.

13. Adequate logging and retention.

14. Third-party security risk assessment & management.

15. Intrusion detection and intrusion prevention systems.

Page 12: Cybersecurity Fundamentals for Legal Professionals

Common Cybersecurity Best Practices

1. Risk assessment.

2. Policies and procedures focused on cybersecurity.• Social engineering, password, security questions

3. Training of all workforce.

4. Phish all workforce (esp. leadership).

5. Signature based antivirus and malware detection.

6. Access controls.

7. Security updates and patch management.

8. Multi-factor authentication.

9. Backups segmented offline and redundant.

10. No outdated or unsupported software.

11. Incident response plan.

12. Encrypt sensitive and air-gap hypersensitive data.

13. Adequate logging and retention.

14. Third-party security risk assessment & management.

15. Intrusion detection and intrusion prevention systems.

Page 13: Cybersecurity Fundamentals for Legal Professionals

Common Cybersecurity Best Practices

1. Risk assessment.

2. Policies and procedures focused on cybersecurity.• Social engineering, password, security questions

3. Training of all workforce.

4. Phish all workforce (esp. leadership).

5. Signature based antivirus and malware detection.

6. Access controls.

7. Security updates and patch management.

8. Multi-factor authentication.

9. Backups segmented offline and redundant.

10. No outdated or unsupported software.

11. Incident response plan.

12. Encrypt sensitive and air-gap hypersensitive data.

13. Adequate logging and retention.

14. Third-party security risk assessment & management.

15. Intrusion detection and intrusion prevention systems.

Page 14: Cybersecurity Fundamentals for Legal Professionals

Common Cybersecurity Best Practices

1. Risk assessment.

2. Policies and procedures focused on cybersecurity.• Social engineering, password, security questions

3. Training of all workforce.

4. Phish all workforce (esp. leadership).

5. Signature based antivirus and malware detection.

6. Access controls.

7. Security updates and patch management.

8. Multi-factor authentication.

9. Backups segmented offline and redundant.

10. No outdated or unsupported software.

11. Incident response plan.

12. Encrypt sensitive and air-gap hypersensitive data.

13. Adequate logging and retention.

14. Third-party security risk assessment & management.

15. Intrusion detection and intrusion prevention systems.

Page 15: Cybersecurity Fundamentals for Legal Professionals

Common Cybersecurity Best Practices

1. Risk assessment.

2. Policies and procedures focused on cybersecurity.• Social engineering, password, security questions

3. Training of all workforce.

4. Phish all workforce (esp. leadership).

5. Signature based antivirus and malware detection.

6. Access controls.

7. Security updates and patch management.

8. Multi-factor authentication.

9. Backups segmented offline and redundant.

10. No outdated or unsupported software.

11. Incident response plan.

12. Encrypt sensitive and air-gap hypersensitive data.

13. Adequate logging and retention.

14. Third-party security risk assessment & management.

15. Intrusion detection and intrusion prevention systems.

Page 16: Cybersecurity Fundamentals for Legal Professionals

Common Cybersecurity Best Practices

1. Risk assessment.

2. Policies and procedures focused on cybersecurity.• Social engineering, password, security questions

3. Training of all workforce.

4. Phish all workforce (esp. leadership).

5. Signature based antivirus and malware detection.

6. Access controls.

7. Security updates and patch management.

8. Multi-factor authentication.

9. Backups segmented offline and redundant.

10. No outdated or unsupported software.

11. Incident response plan.

12. Encrypt sensitive and air-gap hypersensitive data.

13. Adequate logging and retention.

14. Third-party security risk assessment & management.

15. Intrusion detection and intrusion prevention systems.

Page 17: Cybersecurity Fundamentals for Legal Professionals

Common Cybersecurity Best Practices

1. Risk assessment.

2. Policies and procedures focused on cybersecurity.• Social engineering, password, security questions

3. Training of all workforce.

4. Phish all workforce (esp. leadership).

5. Signature based antivirus and malware detection.

6. Access controls.

7. Security updates and patch management.

8. Multi-factor authentication.

9. Backups segmented offline and redundant.

10. No outdated or unsupported software.

11. Incident response plan.

12. Encrypt sensitive and air-gap hypersensitive data.

13. Adequate logging and retention.

14. Third-party security risk assessment & management.

15. Intrusion detection and intrusion prevention systems.

Page 18: Cybersecurity Fundamentals for Legal Professionals

Common Cybersecurity Best Practices

1. Risk assessment.

2. Policies and procedures focused on cybersecurity.• Social engineering, password, security questions

3. Training of all workforce.

4. Phish all workforce (esp. leadership).

5. Signature based antivirus and malware detection.

6. Access controls.

7. Security updates and patch management.

8. Multi-factor authentication.

9. Backups segmented offline and redundant.

10. No outdated or unsupported software.

11. Incident response plan.

12. Encrypt sensitive and air-gap hypersensitive data.

13. Adequate logging and retention.

14. Third-party security risk assessment & management.

15. Intrusion detection and intrusion prevention systems.

Page 19: Cybersecurity Fundamentals for Legal Professionals

Common Cybersecurity Best Practices

1. Risk assessment.

2. Policies and procedures focused on cybersecurity.• Social engineering, password, security questions

3. Training of all workforce.

4. Phish all workforce (esp. leadership).

5. Signature based antivirus and malware detection.

6. Access controls.

7. Security updates and patch management.

8. Multi-factor authentication.

9. Backups segmented offline and redundant.

10. No outdated or unsupported software.

11. Incident response plan.

12. Encrypt sensitive and air-gap hypersensitive data.

13. Adequate logging and retention.

14. Third-party security risk assessment & management.

15. Intrusion detection and intrusion prevention systems.

Page 20: Cybersecurity Fundamentals for Legal Professionals

Common Cybersecurity Best Practices

1. Risk assessment.

2. Policies and procedures focused on cybersecurity.• Social engineering, password, security questions

3. Training of all workforce.

4. Phish all workforce (esp. leadership).

5. Signature based antivirus and malware detection.

6. Access controls.

7. Security updates and patch management.

8. Multi-factor authentication.

9. Backups segmented offline and redundant.

10. No outdated or unsupported software.

11. Incident response plan.

12. Encrypt sensitive and air-gap hypersensitive data.

13. Adequate logging and retention.

14. Third-party security risk assessment & management.

15. Intrusion detection and intrusion prevention systems.

Page 21: Cybersecurity Fundamentals for Legal Professionals

Common Cybersecurity Best Practices

1. Risk assessment.

2. Policies and procedures focused on cybersecurity.• Social engineering, password, security questions

3. Training of all workforce.

4. Phish all workforce (esp. leadership).

5. Signature based antivirus and malware detection.

6. Access controls.

7. Security updates and patch management.

8. Multi-factor authentication.

9. Backups segmented offline and redundant.

10. No outdated or unsupported software.

11. Incident response plan.

12. Encrypt sensitive and air-gap hypersensitive data.

13. Adequate logging and retention.

14. Third-party security risk assessment & management.

15. Intrusion detection and intrusion prevention systems.

Page 22: Cybersecurity Fundamentals for Legal Professionals

Common Cybersecurity Best Practices

1. Risk assessment.

2. Policies and procedures focused on cybersecurity.• Social engineering, password, security questions

3. Training of all workforce.

4. Phish all workforce (esp. leadership).

5. Signature based antivirus and malware detection.

6. Access controls.

7. Security updates and patch management.

8. Multi-factor authentication.

9. Backups segmented offline and redundant.

10. No outdated or unsupported software.

11. Incident response plan.

12. Encrypt sensitive and air-gap hypersensitive data.

13. Adequate logging and retention.

14. Third-party security risk assessment & management.

15. Intrusion detection and intrusion prevention systems.

Page 23: Cybersecurity Fundamentals for Legal Professionals

www.solidcounsel.com

Cyber Risk Assessment

Strategic Planning

Deploy Defense Assets

Develop, Implement & Train on

P&P

Tabletop Testing

Reassess & Refine

Cyber Risk Management Program

Page 24: Cybersecurity Fundamentals for Legal Professionals

Cyber Risk Management Program

Page 25: Cybersecurity Fundamentals for Legal Professionals

www.solidcounsel.com

“You don’t drown by falling in the water; You drown by staying there.” – Edwin Louis Cole

Page 26: Cybersecurity Fundamentals for Legal Professionals

• Board of Directors & General Counsel, Cyber Future Foundation

• Board of Advisors, North Texas Cyber Forensics Lab

• Policy Council, National Technology Security Coalition

• Cybersecurity Task Force, Intelligent Transportation Society of America

• Cybersecurity & Data Privacy Law Trailblazers, National Law Journal (2016)

• SuperLawyers Top 100 Lawyers in Dallas (2016)

• SuperLawyers 2015-16 (IP Litigation)

• Best Lawyers in Dallas 2014-16, D Magazine (Digital Information Law)

• Council, Computer & Technology Section, State Bar of Texas

• Privacy and Data Security Committee of the State Bar of Texas

• College of the State Bar of Texas

• Board of Directors, Collin County Bench Bar Conference

• Past Chair, Civil Litigation & Appellate Section, Collin County Bar Association

• Information Security Committee of the Section on Science & Technology Committee of the American Bar Association

• North Texas Crime Commission, Cybercrime Committee & Infragard (FBI)

• International Association of Privacy Professionals (IAPP)

• Board of Advisors Office of CISO, Optiv Security

Shawn TumaCybersecurity PartnerScheef & Stone, [email protected]@shawnetumablog: www.shawnetuma.comweb: www.solidcounsel.com