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Articles by Jennifer DeTrani
On Detecting And Deterring Moles And Miscreants In The Workplace
Organizations are facing increasingly complex and international threats — from trade-secret exfiltration from countries like China in furtherance of economic espionage and academic advantages, to criminal gangs intent on installing malware on networks to extract hefty ransoms. While the exploits themselves are not new, the pace, the breadth, and the incentives are enhanced, creating heightened concern at the highest corporate and governmental levels.
Hacker Diplomacy: Minimizing Business Risks Stemming From Vulnerability Disclosures
In the new work-from-home world where nonessential companies have pivoted into a largely remote workforce model with increasing reliance on business tools that ensure connectivity, there is a growing concern that tools like Zoom may not be vetted to the full extent of their now-applicable use case.
Parsing Privilege: A Legal Department’s Role In Supporting #BlackLivesMatter
Civil rights are appropriately top of mind these days. As a result of recent events that have rightly gripped the nation, Slack, LinkedIn, Nextdoor, and dinner tables are facilitating discussions that were once relegated to academia and courtrooms.
Let’s Be Reasonable: Assessing The Landscape Of ‘Reasonable Security’ In A Work-From-Home World
Statutory regimes such as GDPR and CCPA have already raised the stakes around protecting data. But with privacy and security becoming increasingly important variables in the work-from-home (WFH), peripandemic reality that has become the new normal for nonessential businesses, the question of what is ‘reasonable’ arises.
Legaltech News | Daily Update
As litigation continues to evolve, litigators will be presented with cutting-edge ideas to innovate in their depositions. Learn how to integrate new technologies, such as outside video clips, multimedia demonstrations, and more. Learn More
Practicing Law - And Compassion - In A COVID-19 World
It’s easy to grow contemplative when isolated indoors in the COVID-19 world, where vicious cycles spin up like tumbleweeds in a Western. Work is a welcome distraction from increased parental duties, and parenting can be a welcome distraction from the overarching question of what a diminished economy means for job security. For those without dependents or kids in school, there are worries about elderly relatives or the risks associated with venturing out to replenish supplies.
An Exiled Chinese Billionaire And The Duty Of Reasonable Care
It’s now commonly understood that cyber threat actors — both criminals and nation-states — target and infiltrate law firms due to a high concentration of sensitive client data. But what happens when a prominent political asylum client warns you to batten up the cyber hatches, you agree to take special precautions to prevent disclosures of confidential information, and then after being engaged, you don’t?
Short And Distort: How Companies Are ‘Bearing’ Down On Market-Shifting Disinformation (Part II)
I could have also gone with a picture of a salmon. (File Image) Ed. note: Stock market manipulation schemes are coming to life on social media platforms and within inboxes of unsuspecting investors. This two-part series will discuss the problem and the tension between true and tainted information.
Short And Distort: How Companies Are ‘Bearing’ Down On Market-Shifting Disinformation
Ed. note: Stock market manipulation schemes are coming to life on social media platforms and within inboxes of unsuspecting investors. This two-part series will discuss the problem and the tension between truth and tainted information. In part two, we will delve into what companies can do to get out in front of disinformation campaigns through attribution and other measures. Disinformation is on track to disrupt Wall Street, and this growing trend is picking up steam.
When Trademarks Attack: How To Detect And Disarm Doppelgänger Domains
Cybercriminals have a decided advantage when it comes to tricking the public. The human tendency to gloss over small, yet important, details like a misplaced period or an inverted set of adjacent letters can yield immeasurable value to these so-called typosquatters. Whether prompting speed-readers to head over to an unsafe website, or directing corporate insiders via email to transfer funds, doppelgänger domains continue to vex lawyers and security experts alike.
Duck, Cover, And Hold: A Lawyer’s Role In Securing Companies Against Nation-State Attacks
Protecting a company from nation-state actors was likely not an elective for many attorneys now practicing in the field. And lawyers are generally trained to trust subject matter experts so even if cybersecurity had been part of the curriculum, there would still be a sense of overwhelming deference to our counterparts in the security world.
How A Physical Security Assessment Of An Iowa Courthouse Broke The Legal System
Physical security testers play a unique role in the cybersecurity world. Also called “red teams,” their mission is to see how easy (or difficult) it is to physically penetrate a facility to gain access to computers, data, or footholds for remote access of a network.
Tightrope Walking The Digital Supply Chain (Part II)
Ed. note: This is the second article in a two-part series about a heightened need for vigilance by companies around the cybersecurity of their supply chains in light of recent activity around the False Claims Act (FCA). Part one addressed the legal landscape of the FCA as related to cyber risk and government supply chains and part two will address proactive steps that companies can take to reduce their FCA threat profile.
Tightrope Walking The Digital Supply Chain (Part I)
Ed. note: This is the first article in a two-part series about recent case law related to the False Claims Act (FCA), which signals a heightened need for vigilance by companies (especially government contractors) around the security of their supply chains. Part two will address proactive steps that companies can take to reduce their FCA threat profile.
IP-Backed Finance: When Using IP As Collateral Can Pay Dividends
Companies don’t always have steady sources of financing to scale their operations in lockstep with revenue. Sourcing funding outside of traditional avenues can also be mission critical at times. An IP portfolio can be a hidden source of collateral for a lender who is otherwise on the fence about whether to put forth a loan to a company in need.
The Disinformation Dilemma (Part II)
Ed. note: Disinformation attacks and influence campaigns have gone mainstream. Once a conduit for influencing political opinions, this new threat model now poses immeasurable risk to the private sector. This two-part series will discuss the growing trend of disinformation campaigns disrupting the commercial sector, and the accompanying need for lawyers to lean into cyber to provide effective counsel when analyzing risk or addressing the fallout.
The Disinformation Dilemma (Part I)
Ed. note: Disinformation attacks and influence campaigns, once confined to advancing political objectives and outcomes, have entered the commercial arena. This two-part series will discuss how threat actors increasingly target the corporate sector with cyber-centric disinformation campaigns and the accompanying need for lawyers to lean into cyber. Part one of this article discusses this new wave of cyber-attacks.
Getting Started With ‘Smart’ Security (Part II)
Ed. note: This is the second article in a two-part series about artificial intelligence, its potential impact on how organizations approach security, and the accompanying considerations around implementation, efficacy, and compliance. Read the first article here. When you think of artificial intelligence (AI), you probably think of smart home devices turning off lights and setting thermostats, or sending notifications when new seasons of your favorite Netflix show launch.
The Case For ‘Smart’ Security
Ed. note: This is the first article in a two-part series about AI, its potential impact on how organizations approach security, and the accompanying considerations around implementation, efficacy, and compliance. Is Artificial Intelligence (AI) on track to help the world streamline and solve against tasks that are better left to a machine?
How To Control Your Digital Footprint Without Losing Your Mind
In a digital world where the lines between a personal and professional persona emulsify, a glut of personal information floating around the internet can lead hackers to sensitive data about an organization or an individual, creating undue and immeasurable risk. Borrowing from principles of the intelligence community, understanding the information that exists about oneself is sometimes just as valuable as collecting information about one’s adversaries.
On The Fintech Carousel: Entering The Mobile Payments Space Requires Vision And Equilibrium
There are many ways to conduct banking transactions today — so many in fact, that it’s a rare occasion when you need to visit your local branch, if you even have one. Consumers worldwide are increasingly using digital wallets with apps like Venmo, Apple Pay, Zelle, Alipay, Square Cash, and Google Wallet to handle daily transactions because they are quick, simple, and allow users to leave their pocket litter at home.
Strengthening The ‘Soft Underbelly’ Of Cybersecurity (Part II)
Ed. note: This is part two of a two-part series on how law firms can address critical vulnerabilities in their security posture. Part One focused on setting the stage for an external expert assessment and used a case study to examine physical security issues law firms should be examining. Part Two will continue with the case study by addressing assessment techniques including attack simulations, social engineering and open source intelligence review.
Strengthening The ‘Soft Underbelly’ Of Cybersecurity
Ed. note: This is Part One of a two-part series on how law firms can address critical vulnerabilities in their security posture. Part One will focus on setting the stage for an external expert assessment and use a case study to examine physical security issues law firms should be examining. Part Two will continue with the case study by addressing assessment techniques including attack simulations, social engineering, and open source intelligence review.
Strengthening The ‘Soft Underbelly’ Of Cybersecurity
Ed. note: This is Part One of a two-part series on how law firms can address critical vulnerabilities in their security posture. Part One will focus on setting the stage for an external expert assessment and use a case study to examine physical security issues law firms should be examining. Part Two will continue with the case study by addressing assessment techniques including attack simulations, social engineering, and open source intelligence review.
Shadow IT And Bring Your Own Device Policies
The term “Shadow IT,” first minted in an era when software shipped on (literally) floppy disks, originally described utilization of unapproved technology within an enterprise IT environment. Because these technologies had not been vetted or configured by IT personnel, they were effectively outside positive control of the company and therefore introduced significant risk.
An Inside Look At Insider Threats, Part 2
Ed. Note: In part 2 of this two-part series on insider threats, I sat down with Vincas Čižiūnas, CTO and Ryan Lai, EVP of Professional Services, both at Nisos Inc. (full disclosure: I work at Nisos). They are security professionals with over 30 years of combined experience in offensive and defensive cyber security in commercial and government environments.In part 1, I explored how law firms help themselves and clients proactively mitigate the risk of bad actors inside organizations.
How To Defend Your Practice
Ed. note: This is part two of a two-part series focused on how lawyers can better understand and reduce their exposure to the rapidly growing cybersecurity risks that exist in the legal sector. Part one focused on the landscape of threats posed to the lawyers. Here in part two, we will focus on practical measures that lawyers can take to reduce their threat profile.
Why Cybersecurity Matters: A Lawyer’s Toolkit
Ed. note: This is part one of a two-part series focused on how lawyers can better understand and reduce their exposure to the rapidly growing cybersecurity risks that exist in the legal sector. Part one will focus on the landscape of threats posed to the lawyers, and part two will focus on practical measures that lawyers can take to reduce their threat profile.
Navigating The Legal Landscape Of Cannabis
There’s no doubt that the cannabis industry is maturing as a sector. Currently, there are 10 states plus D.C. which are fully legal, meaning licensed operators can sell medical or recreational marijuana. A majority of states — 33 — are legal for medical marijuana. Canada went fully legal in 2018, becoming the first 1st world country to do so.
Improving Organizational Collaboration In Response To Cyber Attacks
Ed. note: Please welcome Jennifer DeTrani to the pages of Above the Law. She will be writing about cybersecurity, privacy, and technology from an in-house perspective. 2018 was a busy year for bad actors propagating insider threats. A former employee of software firm Nuance hacked into the company’s servers, accessing patient records for 45,000 individuals. And SunTrust Bank announced that a former employee stole the personal information of 1.5 million bank clients.
Cyber Due Diligence Is Table Stakes for Effective M&A
Expert Opinion Don’t let a dangerous stranger beat you at your own game when your company acquires or merges with another. Always conduct cyber diligence to mitigate risk before the deal is done. Credit: Blackboard/Shutterstock.com In 2016, Marriott International purchased the Starwood hotel chain in a deal worth $13.6 billion.
Cyber Due Diligence Is Table Stakes for Effective M&A
Expert Opinion Don’t let a dangerous stranger beat you at your own game when your company acquires or merges with another. Always conduct cyber diligence to mitigate risk before the deal is done. Credit: Blackboard/Shutterstock.com In 2016, Marriott International purchased the Starwood hotel chain in a deal worth $13.6 billion.
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