It was wonderful to meet with you all! Last week was the first fully in-person annual educational conference of the International Legal Technology Association (ILTA) since 2019. ILTACON is truly an event of peer-to-peer sharing. Many of the members have relationships dating back decades. Having an in-person event again was fantastic.
Security was one of the most in-demand topics. There were sessions on phishing, ransomware, breaches, and solutions. Here are three takeaways from sessions which I attended on what to do when a breach occurs. Note: I am not a cybersecurity expert. These are commonsense points which anyone can learn from.
- First Call
At 10 PM on Saturday night, Asher in Support gets a call from an attorney who says, “I’m looking at a screen which says, ‘Your network has been locked!'” Asher was educated to escalate any such messages immediately. Let’s assume that this message gets to the CIO within minutes.
Who does the CIO call first?
- Is it a contracted or pre-vetted cybersecurity services provider?
- Is it the cybersecurity insurance carrier?
In a session which included both a panelist from a top cybersecurity services provider and a panelist from a major cybersecurity insurance carrier, each argued that they should be the first call. Each may have distinct objectives.
The cybersecurity insurance carrier will immediately send in their SWAT team. This expertise may be quite welcome at the law firm. A good carrier will bring great expertise to bear. At the same time, law firms report that when the insurance carrier team arrives, they lose control of the process. The firm IT team may be sidelined, by contract. The insurance company may have as its top priority forensics. One of their objectives is to discover if the law firm were out of compliance with the policy.
The cybersecurity services company will also send in their SWAT team and bring great expertise and experience to bear. If the firm has vetted the services company their objectives should be aligned with the law firm’s.
Objectives include stopping exfiltration of firm data and business continuity. Law firms will want to safely get back to business-as-usual as quickly as possible.
2. Breach Counsel
One of the first things that the cybersecurity insurance carrier will do is to get their breach counsel engaged in the process so that communications are privileged. Law firms are uniquely positioned to get their own attorneys involved. Whether it is the insurance carrier’s attorney or a firm attorney, involve an attorney on all communications immediately. There will be public communications following the breach and perhaps legal action. Need I say more?
3. CIO Fiat to Shut Down Systems
When there is a breach, time is of the essence. Data may still be exfiltrating. While no law firm wants to do so, the best action may be to shut down all systems immediately. The moment when the firm’s data is flowing out to the hackers is not a good time to educate and negotiate with the firm’s executive team regarding shutting down systems. The CIO should have clear authority in advance to shut down systems.
Bonus: Have a Plan
Your firm is a target. Services, like Dark Utilities, make it easy for hackers to to set up a command center (C2) for malicious operations. Prices for C2-as-a-Service start at EUR 9.99. Easy, inexpensive tools mean that firms of any size are a target for “drive-by” attacks.
Even while your full incident recovery program is in development, it’s time well-spent to have a plan for the three points above in order to respond quickly.
One of the benefits of ILTACON is that we learn what has worked for other law firms in real world settings. Each firm should assess their own response plan.
See you in Orlando at #ILTACON23!