Without law there would be chaos, and for a while – back in the early days of the Internet – cyberspace was the Wild-West of our generation. In fact, some argue that it still is.
Over the years the Internet has made the world a smaller place with business, commerce, communication, and knowledge conducted and shared in real-time and across state and country boundaries. As in the brick and mortar world, laws are necessary to regulate this digital universe.
Businesses with online operations increasingly rely on cyber security and privacy legal specialists to assist in navigating this complex and frequently changing environment. Cyberlaw, a practice of laws, or a specific law, relating to Internet and computer offenses such as fraud or copyright infringement, is an expertise required by more and more businesses.
These cyber security and privacy legal specialists play an important role both in preparing for and responding to a cyber-event. For the vast majority of companies who collect and are responsible for safeguarding personal identifiable information (PII), obtaining legal counsel in crafting contractual language and remaining compliant with privacy laws and regulations both at home and abroad is crucial to managing cyber risk.
When a breach of PII does occur, lawyers specializing in cybersecurity and privacy assist companies with tasks such as navigating state breach notification laws, hiring cyber-forensic firms, and preparing for the regulatory scrutiny and litigation that will likely ensue.
The secrecy afforded via the attorney client privilege also helps protect companies from self-incrimination based on information obtained while performing internal investigations and due diligence.
Increasingly cyber insurance policies are looking like contracts for consulting services, with the insurer lining up the resources in advance to respond to a breach. Many leading law firms have aligned themselves with insurers. Below is a list of independent law firms identified as partners of insurers such as AIG, ACE, Chubb, CNA, Zurich and Hiscox among others.