Kenneth N. Rashbaum, Jason M. Tenenbaum and Liberty McAteer
Kenneth N. Rashbaum, Jason M. Tenenbaum and Liberty McAteer
Banks and other financial institutions are auditing their law firms for cybersecurity safeguards. Hospitals and hospital systems have, as required by federal law, been demanding and examining law firm policies and procedures for compliance with security provisions under the Health Insurance Portability and Accountability Act (HIPAA) for several years. There is a basis for concern: A number of law firms, including some of the largest firms in the United States and Canada, have been hacked in the past two years, and a firm in Virginia was forced to cease operations for a time following a breach of three gigabytes of client data.1
It is not difficult, then, as the late Rod Serling, host of the long-running television show "The Twilight Zone" asked viewers at the beginning of each episode, to "imagine, if you will" the following scene:
A law firm's managing partner answers her phone on the first ring. It is 3 p.m. on the Wednesday before Thanksgiving and her husband wants to know when she'll be home to help him with dinner preparations for the 18 people expected to arrive within the next 24 hours. As she gathers her things and prepares to leave, her computer's email notification alarm chimes twice. She clicks on the first email. It's from the chief technical officer of the bank that is the firm's biggest client.