Protecting Law Firms and their Clients: The Role of the Virtual Chief Security Officer - Eric Vanderburg - JurInnov

© 2013 JurInnov, Ltd. All Rights Reserved.

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Protecting Law Firms and their Clients The Role of the

Virtual Chief Security Officer


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Welcome

1. Cyber Threats: Real World Examples• Breach• Non-compliance

2. Cybersecurity Maturity: Where is Your Firm?

3. Virtual Chief Security Officer (CSO)

4. Q&A


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Protecting Law Firms and Their ClientsThe Role of the Virtual Chief Security Officer

Janet Gosche

Chief Strategy & Operations Officer

[email protected]

Janet leads JurInnov’s business operations and supports the managed services practice. Janet honed her skills at Accenture, the global management consulting, technology services and outsourcing company, where she spent 25 years helping clients improve their business operations and results. During this time, Janet was a pioneer in Accenture's emerging outsourcing practice. She is an alumni member of the FBI Citizens’ Academy. She taught experienced professionals for Accenture and was a Covey Principle Centered Leadership facilitator.She currently coaches students at the Baldwin-Wallace Center for Innovation and Growth and Mathematics Department.

Baldwin-Wallace College 1978-82

Bachelor of Science in Mathematics

Magna Cum Laude, General Honors

Honors in Economics

Timothy M. OpsitnickFounder and General [email protected]

Tim founded JurInnov in 2000. He is at the forefront of practitioners addressing issues involved in the security and discovery of electronically stored information. His consulting practice focuses on electronic discovery, information governance, cybersecurity, computer forensics, and cloud-based document management systems. His clients include United States and international law firms and companies. He has also conducted numerous continuing legal education seminars regarding electronic discovery, cybersecurity, and other technology issues. In addition, he has served as a court-appointed Special Master and as an expert witness. Finally, he was with the law firm of Jones Day from 1986 until 2000, where he was a member of the Litigation and Product Liability sections. His practice concentrated in the management of complex, multi-district litigation.

Ohio Wesleyan University, 1978-82Bachelor of Arts, Political Science and Psychology

Phi Beta KappaCase Western Reserve University, School of Law, 1982-85

Eric A. VanderburgDirector, Information Systems and Security

[email protected]

Eric joined JurInnov in 2006 and leads the company’s information systems and security team. Eric holds more than 30 certifications in networking and systems engineering, including Certified Information Systems Security Professional, Holistic Information Security Practitioner, and Certified Wireless Security Professional. He has been invited to speak at many organizations and campuses on technology and information security and has published more than a dozen technical articles. Most recently, he was a professor of computer networking at Remington College where he taught courses on information security, database systems, and computer networking. He is also an Adjunct Professor of Computer Information Systems at Lorain County Community College.

Doctor of Information Assurance (Exp. 2013)The University of Fairfax, Vienna, Virginia

East Asian Studies (Non-degree)Kansai Gaidai University, Osaka, Japan

MBA with an Information Systems ConcentrationKent State University, Kent, OhioBachelor of Science, TechnologyKent State University, Kent, Ohio

Assoc of Applied Business, Computer Information SystemsLorain County Community College, Elyria, Ohio

mailto:[email protected]


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How Do You Measure Success?Risk Management and Compliance Areas (U.S. and Global)

• Anti-money laundering (AML)• Bribery / FCPA / UKBA• Business ethics• Code of business conduct• Competition / antitrust• Country law• CYBERSECURITY• Department of Transportation (logistics distribution /

reverse distribution)• Environmental• Employment compliance (wage and hour / facility

accessibility)• Employment practices / workplace rights• Export controls / ITAR / dual use technology / military

use technology• Financial services, banking, insurance• Food safety / labeling• Government relations

• Import / customs• Information protection• Intellectual property• Licenses and permits• OSHA (health and safety)• Product stewardship / product safety• Pharmacy and health services• Privacy• Records and information management• Securities law (including insider trading, Dodd

Frank)• Supply chain / conflict minerals• Third party management• Trade sanctions / Office of Financial Assets Control

(OFAC)• Government boycotts / Bureau of Industry and

Security


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Cyberattacks Against Law Firms Are on the Rise

We have seen over the last three years an increase in the targeting of law firms.”

“Law firms have incredibly valuable and sensitive information…the Internet just provides a whole other methodology

through which the information can be accessed and pilfered.”

Trent Teyema, FBI Cyber Crimes, Washington, D.C.

National Law Journal, 04/23/12

“The more mobility you have,the more documents you’re sending through the Internet,the more likely you are to be the victim of a cyber attack,

and that’s what we’re seeing at law firms.”

Mary Galligan

FBI NY Special Agent, Cyber/Special Ops

Law Technology News, 02/01/13

“…some of the most vulnerable targets are law firms,which hold so much information of their clients

and serve as “gates” to their clients.”

Laurel Bellows, ABA President

Law Practice Today, 04/13

The Wall Street Journal, 06/26/12


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Data Breaches Grow in Number and Scale

“This past year saw major hacks at:– Zappos (24M customer accounts)– Statfor (private U.S. intelligence firm; 5M e-mails)– Global Payments (1.5M credit card numbers)– LinkedIn (6.5M passwords)– eHarmony (1.5M passwords)– Yahoo (0.5M passwords)– Nationwide Mutual (1.1M customer accounts)– Wyndham Worldwide (600K credit card numbers)

Cyber-security and Data Privacy Outlook and Review: 2013, Gibson, Dunn & Crutcher, 04/16/13


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Data Breaches Grow in Number and Scale

“This past year saw major hacks at:– Zappos (24M customer accounts)– Statfor (private U.S. intelligence firm; 5M e-mails)– Global Payments (1.5M credit card numbers)– LinkedIn (6.5M passwords)– eHarmony (1.5M passwords)– Yahoo (0.5M passwords)– Nationwide Mutual (1.1M customer accounts)– Wyndham Worldwide (600K credit card numbers)

…many large organizations reported that security breacheswere caused by their own staff, most commonly through

ignorance of security practices.”

Cyber-security and Data Privacy Outlook and Review: 2013, Gibson, Dunn & Crutcher, 04/16/13


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What are Cybercriminals After?

Access to:– Lists of confidential witnesses– Patent applications– Financial information– M&A documents– Intellectual property– Drug study results– Client correspondence– Possible litigation claims

Business disruption of:– Calendar system– Billing system– Website

Why?– Money– Political motives– Sport


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ABA Ethics Rule: Lawyers’ Obligation

Rule 1.6 Confidentiality Comment 16“…act competently to safeguard information to the representation of a client against inadvertent or unauthorized disclosure by the lawyer or other persons…”

ABA Formal Ethics Opinion 95-398“[a] lawyer who gives a computer maintenance company access to information in client files must make reasonable efforts to ensure that the company has in place, or will establish, reasonable procedures to protect the confidentiality of client information.”

2013 HIPAA Omnibus RulesLaw firms having contact with PHI must revisit policies, practices, enforce information security controls, protect confidential info, monitor workforce info access, track compliance.


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New ABA Ethics Rule: Lawyers’ Obligation

August, 2012, change to Rule 1.1 Comment, shown below in italics

Rule 1.1 CompetenceA lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.

Comment to the Rule: Maintaining CompetenceTo maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.


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“Improving Critical Infrastructure Cybersecurity”Executive Order, Federal Register 13636: February 19, 2013

WASHINGTON (Reuters) - U.S. President Barack Obama on Tuesday signed an executive order seeking better protection of the country's critical infrastructure from cyber attacks that are a growing concern to the economy and national security.

Reuters, 02/12/13

"We know hackers steal people's identities and infiltrate private e-mail.”

“We know foreign countries and companies swipe our corporate secrets.”

“Now our enemies are also seeking the ability to sabotage our power grid, our financial institutions, and our air traffic control systems.”

“Cyber threat is one of the most serious economic and national security challenges we face as a nation.”

“America's economic prosperity in the 21st century will depend on cybersecurity.”

We cannot look back years from now and wonder why we did nothing in the face of real threats to our security and our economy.“

U.S. President Barack Obama, State of the Union Speech, 02/12/13


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U.S. Cyberspace Policy Review Near Term ActionsWhat are Yours?

1. Appoint a cybersecurity policy official responsible for coordinating the Nation’s cybersecurity policies and activities.

2. Prepare for the President’s approval an updated national strategy to secure the information and communications infrastructure.

3. Designate cybersecurity as one of the President’s key management priorities and establish performance metrics.

4. Designate a privacy and civil liberties official to the NSC cybersecurity directorate.

5. Conduct interagency-cleared legal analyses of priority cybersecurity-related issues.

6. Initiate a national awareness and education campaign to promote cybersecurity.

7. Develop an international cybersecurity policy framework and strengthen our international partnerships.

8. Prepare a cybersecurity incident response plan and initiate a dialog to enhance public-private partnerships.

9. Develop a framework for research and development strategies that focus on game-changing technologies that have the potential to enhance the security, reliability, resilience, and trustworthiness of digital infrastructure.

10. Build a cybersecurity-based identity management vision and strategy, leveraging privacy-enhancing technologies for the Nation.

Executive Order, “Improving Critical Infrastructure Cybersecurity,” Federal Register 13636 (02/19/13)


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Cybersecurity Maturity: Where is Your Organization?

Ad Hoc

Developing

Practicing

OptimizingLeading

Elements of Effective CybersecurityCulture of SecurityLegal RequirementsTraining and EducationPolicy, Procedure and ControlsMonitor and AuditingResponse and DocumentationInformation ManagementAccountability

• Informal• Reactive• Inconsistent performance

• Likely repeatable• Some consistency• Lacks rigorous process discipline

• Defined controls• Documented standards• Consistent performance

• Effective controls• Uses process metrics• Targeted improvement

• Integrated strategies• Innovative changes• Seamless controls


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Security vs. Compliance?

If I am compliant, am I secure?maybe


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Security vs. Compliance?

If I am compliant, am I secure?maybe

If I am secure, am I compliant?maybe……


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Compliance and Security

“We start with the principle that saysbuild a good program, do the right things [in terms of]controls that are appropriate for your enterprise and

at the end of that process you [say]what have we missed from a regulatory perspective and

what do we need to do and you close those gaps.

You don’t start [by] saying what does the regulation say I must do…That can be an issue in the financial services industry because

unfortunately too often people [let] external regulators tell them what they should be doing

rather than construct a good program themselves.”

Michael Barrett, PayPal CISOInterview at the RSA Conference, April 24, 2013


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How Do You Know Where You Stand?

• How does your management team make and implement decisions about

information security?

• Do lawyers and support staff know and understand your security policies?

• Are they disciplined in their daily behaviors?

• Are mobile devices and small digital media secure?

• Do you know everyone who has access to your systems (network, physical, etc.)?

• How would you know if an unauthorized person accessed sensitive data?

• Are you certain that you can recover from an unexpected loss?

• Have your applications been tested from a security viewpoint?

• Are your third party service providers secure?


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Who is Responsible for Security?

EveryoneKnow how to confidently use workplace technology without

compromising sensitive data or hindering efficiency

Information Technology TeamKnow the risks and the technical controls that can mitigate those risks

today’s threat layers of defense malware social engineeringemail/web safety physical security

But, there is more…..


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Who is Responsible for Executive Leadership and Decisions?

Chief Security OfficerIdentifying data risks and making informed decisions on how to handle those risks.

Understanding how to respond to a breach so it is contained, resolved and documented.

Prioritizing the most vital cybersecurity policies and procedures; overseeing their implementation and ensuring awareness and adherence.

Understanding and overseeing data classification and ownership.

Approving access to critical and data.

Being aware of and ensuring existing and new regulatory requirements are followed.

Ensuring awareness of and adherence to ethical obligations.

Periodically evaluating the security of vendors and ongoing vendor oversight.

Stewarding a secure information culture embedded in the organization’s strategy, with a focus on continuous improvement.


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But, the Reality

Many organizationsdo not need,

cannot afford, and cannot retain

a full-time Chief Security Officer!


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JurInnov’s Solution

Virtual Chief Security Officeraka…

Managed ServiceOutsourced Model

On CallAs Needed

Part Time Resource


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The Virtual CSO

What is a Virtual CSO?

• Strong balance of business acumen and technology knowledge

• Highly skilled

• Varied security-related experiences

• Certified, typically CISSP, HISP, CEH, and

others

• Part-time resource

• On staff only when needed

Why Virtual?

• Lower cost than a full-time CSO

• More effective with a deeply skilled CSO team

• Most law firms do not need a full-time CSO

• Firm benefits from a CSO with varied experiences

• Ability to attract and retain the best resources because of the career opportunities at a legal technology company…

• … versus being the only security person at a firm with little or no career progression


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Is a Virtual CSO Right for Your Organization?

To learn more, send us a chat message or give us a call at 216-664-1100

to set up a meeting to talk it through.

Other JurInnov Solutions

Breach Investigation

Cybersecurity Survey / Gap Analysis

Training: Cybersecurity, Breach Response and Computer Forensic

Incident Response Planning

Cybersecurity Assessment / Audit

Cybersecurity Risk Management and Strategic Planning

Cybersecurity Policy Review and Development


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Questions