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62 Am. U. L. Rev. 1243 (2012-2013)
Hacker's Delight: Law Firm Risk and Liability in the Cyber Age

handle is hein.journals/aulr62 and id is 1291 raw text is: HACKER'S DELIGHT: LAW FIRM RISK AND LIABILITY IN THE CYBER AGE MICHAEL MCNERNEY* & EMILIAN PAPADOPOULOS** TABLE OF CONTENTS In troduction ....................................................................................... 1244 I. Who Is Committing These Attacks and Why They Are Targeting Law Firm s ................................................................ 1247 A. There Are a Wide Variety of Hackers with Their Own Skill-Sets and M otivations ................................................. 1247 B. Modem Technological Advantages Are Making Law Firms More Vulnerable to Cyberattacks .......................... 1249 C. Law Firms' Weaker Security Measures and Accessibility to Sensitive Information Are Causing Them Increasingly To Be Targeted by Hackers Seeking Client's Inform ation ......................................................... 1250 D. There Have Been Many Recent Instances of Both Attempted and Successful Cyberattacks on Law Firms... 1252 II. Law Firms May Be Increasingly Liable for Client's Damages Resulting from Cyberattacks on the Firm .............. 1254 * Mike McNerney is senior consultant with Delta Risk LLC, based in Palo Alto, California. Mr. McNerney provides consulting services to government agencies and rivate sector companies on cybersecurity, market access, and competitive strategy. rior to this position, Mr. McNerney served as an attorney and cyber policy advisor in the Office of the Secretary of Defense. Mr. McNerney has also held positions in the U.S. State Department and is a veteran officer of the U.S. Air Force. Mr. McNerney graduated from UC Davis and holds a Juris Doctorate from American University, Washington College of Law. ** Emilian Papadopoulos is chief of staff at Good Harbor Security Risk Management, where he advises corporate executives, investment professionals, and government leaders on managing cyber risk. Previously for Good Harbor, he advised government and commercial clients in the Middle East and North America on strategic security planning in the areas of technology, urban design, transportation, and emergency management. Before joining Good Harbor, Mr. Papadopoulos worked as a communications professional for the Government of Canada in Ottawa and at the Canadian Embassy in Washington, D.C. Mr. Papadopoulos holds a Masters of Public Policy from Harvard University's Kennedy School of Government and a B.A. (Honours) from the University of Toronto. 1243