17: Can You Hack It? Protecting Electronic Client Data, with Helen Geib and BJ Moore
In Episode 17 of “May the Record Reflect,” we’re talking about cybersecurity for law firms: why it’s important, how to prevent hackers from accessing your clients’ electronic data, what to do if it happens, and what ethics canons have to say about it. Patent attorney and e-discovery expert Helen Geib and technologist BJ Moore share their tips to help you manage this important and often overlooked aspect of law firm management. Topics4:00 Why law firms are a rich target for cyberhackers7:45 How our computers are hacked10:15 Security issues raised by working remotely11:12 VPN security via cell phone12:23 Whether hackers can gain access via phone apps13:20 Cell phone security14:30 What to do if your system has been hacked16:00 Lawyer’s obligations around client data security18:30 Range of consequences of a data breach19:40 Technical know-how and legal malpractice20:20 Court decisions in data breaches27:33 ABA Formal Op. 483 highlights32:12 Ethics rules touching on data security34:27 General liability insurance versus cyber insurance coverage36:26 Basic preventative measures against hacking40:50 Steps to take after a data breach42:45 Top-of-the-line “wish list” practices45:27 Signature signoff questionQuotes“There’s a general recognition that there are two pieces to tech competence for lawyers: one is education and lawyers raising the level of their own understanding of security and using basic security practices. The other is to recognize the limits of our own knowledge and to associate with experts and people who really understand this area so that they can help us in the areas we didn’t go to law school for.” (Helen Geib)“Cybercriminals are considered terrorists, so [if you pay a ransom] you’re technically financing a terrorist organization, which is against federal law. You also don’t want it to be profitable for them because as long as it’s profitable, they’re going to keep doing it. The more people pay, the more they’re going to want to do it.” (BJ Moore) Recommended ResourcesHelen Geib, Hoover Hull TurnerBJ Moore, Right Hand IT SolutionsFBI Internet Crime Compliance Center IC3A Guide to Law Firm Cybersecurity Risks & Ethical ComplianceABA Formal Op. 483Cyberattacks Have Become Commonplace – Know the Ethics of Prevention and ResponseWhat Is Cyber Insurance? Do You Need It? Millard v. Doran, No. 153262/2016 (Sup. Ct. N.Y. Cty.)Wengui v. Clark Hill, PLC, (D.D.C. Feb. 20, 2020)Hiscox Ins. Co., Inc. v. Warden Grier, LLP, 474 F. Supp.3d 1004 (W.D. Mo. 2020)