DtSR Episode 176 - 2015 InfoSec Legal Review

We open up our 2016 year interviewing Shawn Tuma on the show. Shawn is our legal eagle, and a regular contributor to the podcast. This episode ran a little bit long (OK a lot long) but I think you'll enjoy the show...  In this episode...Most important cybersecurity-related legal developments of 2015Tectonic Shift that occurred with “standing” in consumer data breach claimsDiscussion of law prior to Neiman Marcus case, and post Neiman MarcusDoes this now apply to all consumer data breach cases?Immediate impact? Companies now liable?Lesson is in seeing the trend and how incrementalism worksRegulatory TrendsFTC & SEC gave hints in 2014, post-emergence of Target detailsWyndham challenged authority – came to fruition in August 2015SEC not far behind – significant case in September 2015Aggressiveness of FTC is substantial – FTC v. LabMD … all over LimeWireOfficer & Director Liability2014 – SEC Comm. fired the warning shot … pointed the fingerShareholder derivative litigationIndividual liability of IT / Compliance / Privacy “officers”Major 2016 Legal TrendsRegulatory enforcement … which, by the way, is why NIST is becoming defaultShareholder Derivative – much more likely than consumer class actions at this timeLessons from both of these: when you need to persuade the “money folks” that they need to act, mention D&O Liability (especially Caremark) and Regulatory focus on individuals … now they're in the cross-hairsRealization that cybersecurity is more of a legal issue than anything else (IT or business) b/c it is the legal requirements and consequences that ultimately drive everythingHave something to say? Let's hear it.Support the show>>> Please consider clicking the link above to support the show!-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=YouTube home: https://youtube.com/playlist?list=PLyo0dkKRvfVtWXjRxNISrhme1MgBj3C2U&si=scHDiTuLXSEQ9qHqLinkedIn Page: https://www.linkedin.com/company/down-the-security-rabbithole-podcast/X/Twitter: https://twitter.com/dtsr_podcast