The flood of massive data breaches – including, most recently, the Equifax breach that compromised the personal data of around 145 million U.S. consumers – has increased the pressure on Congress to pass sweeping federal data security and breach reporting legislation. While it’s difficult to project whether such legislation will be enacted in the near
Damon W. Silver
Damon W. Silver is a principal in the New York City, New York, office of Jackson Lewis P.C. and co-leader of the firm’s Privacy, AI & Cybersecurity practice group. He is a Certified Information Privacy Professional (CIPP/US).
Damon helps clients across various industries—with a focus on financial services, healthcare, and education—handle their data safely. He works with them to pragmatically navigate the challenges they face from cyberattacks, technological developments including AI, a fast-evolving data privacy and security legal compliance landscape, and an active and innovative plaintiffs’ bar.
Damon recognizes that needs vary from one client to the next. Large, mature organizations, for instance, may need assistance managing multi-jurisdictional and multi-faceted compliance obligations. Others may be in a stage of development where their greatest need is to triage what must be done now and what can more safely be left for later. Damon takes the time to understand each client’s circumstances and priorities and then works with it to develop tailored approaches to effectively managing risk without unnecessarily hindering business operations.
Timeline for Compliance with New DFS Cybersecurity Regulations
The deadline to comply with the first set of requirements under the new DFS Cybersecurity Regulations (“the Regulations”) is here! By today, August 28, 2017, businesses subject to the Regulations must ensure that they:
- Designate a Chief Information Security Officer (“CISO”)
- Establish a Cybersecurity Program
- Develop a Written Cybersecurity Policy.
We have prepared an…
A New Frontier In Law Firm Cyber Risk: Client Class Actions
That an actual breach of client information could expose your law firm to legal and business risks is unsurprising. The risks posed by a potential breach, however, may be something your firm has not yet carefully considered – but needs to. As we discussed during our recent webinar, law firms face a variety of…
Association of Corporate Counsel Develops Model Information Protection and Security Controls for Outside Vendors, Including Outside Counsel
The Association of Corporate Counsel (ACC), which represents over 42,000 in-house counsel across 85 countries, recently released its ACC Chief Legal Officers (CLO) 2017 Survey which found that two-thirds of in-house legal leaders ranked data protection and information privacy as ‘very’ or ‘extremely’ important. In response to this growing concern, the ACC recently released “first-of-its-kind”…
Thomas Bossert Selected to be President-elect Trump’s Top Counterterrorism Advisor
As we’ve noted previously, President-elect Trump’s campaign was light on details about his plans to address cybersecurity. However, his announcement yesterday that Thomas P. Bossert will serve as his assistant for homeland security and counterterrorism, a position equal in status to national security advisor according to the transition team, may offer greater insight into…
New York State Proposes Cybersecurity Regulation Impacting Banks, Insurance Companies & Other Financial Services Institutions
New York Governor Andrew M. Cuomo announced yesterday a new proposed regulation to address the growing threat posed by cyber-attacks. According to the State’s press release, the proposed regulation, which is subject to a 45-day notice and public comment period before final issuance, “aims
to protect consumer data and financial systems from terrorist organizations and…
3 Essential Steps For Responding To Ransomware Attacks
Likely because most victims comply with their demands, the incidence of attacks by ransomware hackers has exploded in 2016. Guidance issued by the U.S. Department of Health and Human Services (“HHS”) in July notes that, on average, there have been 4,000 reported ransomware attacks per day thus far in 2016, far exceeding the average of…
EU-U.S. Privacy Shield Q&A
Last month, the European Union and U.S. officials announced final approval of the EU-U.S. Privacy Shield (Privacy Shield), replacing the Safe Harbor which was invalidated by the Court of Justice of the European Union in October 2015. Like it predecessor, the Privacy Shield will allow organizations based in the United States to self-certify compliance with…
5 Practice Tips for Law Firms as Data Breach Spotlight Swings Their Way
While data breach incidents affecting the entertainment, retail, healthcare, and financial industries have garnered more attention in past years, the data breach spotlight recently shifted to law firms.
This shift was triggered by media coverage of the breach and leak of the Panama Papers, and by reports that, in 2015, hackers breached the networks…
Reasonable Data Security Defined by California AG
Last week, California Attorney General, Kamala D. Harris – who has been mentioned as a potential nominee to fill Justice Antonin Scalia’s recently vacated seat on the U.S. Supreme Court – issued the California Data Breach Report (Report). The Report provides an analysis of the data breaches reported to the California AG from 2012-2015.…