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Program Details

Protecting Directors from Liability for Cybersecurity Risks

Content Partner:  West LegalEdcenter
Price: $195.00*
This program is no longer available.

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As we have noted in a number of recent posts, corporate cybersecurity risks have become a leading concern for both boards of directors and the SEC.  Our colleagues David Barres and Dom Picca recently published an article on "Director Liability for Cybersecurity Risks" in Corporate Counsel, in which they advise corporate boards on how to protect themselves against lawsuits claiming that the directors breached their fiduciary duties by failing to ensure adequate corporate cybersecurity. They also review the principles governing fiduciary duty suits and related litigation concerning data security. In one recent shareholder derivative suit, for example, the plaintiff claimed that the president/CEO/director of a software company breached his fiduciary duties by taking actions that allegedly compromised client security, exposed the company's website to hacking, and violated data-privacy laws. David and Dom list specific steps that directors can take to:
Improve board oversight of corporate cybersecurity, thereby showing that they have met their fiduciary duties in this area
Identify potential gaps in director and officer insurance coverage for cybersecurity litigation
What boards can do to close those gaps
 In addition, for more recommendations for directors on cybersecurity and insurance issues, please check out the Cyber Risks Boardroom Series on Mintz Levin's Privacy and Security Matters blog.
David Barres focuses on commercial litigation in federal and state courts, including complex breach-of-contract, fraud, and securities matters. He has extensive experience representing banks in bankruptcy litigations and other commercial matters, including the defense of fraudulent transfer claims and the litigation of disputes concerning the valuation of businesses and assets. He has arbitrated and mediated numerous international and domestic commercial disputes. He also is a member of the firm's Privacy and Security Practice Group, and litigates privacy-related disputes. Before joining Mintz Levin, David was a litigator at another prominent New York law firm and a law clerk to the Honorable Robert E. Cowen of the US Court of Appeals for the Third Circuit. He also served as a special assistant district attorney for New York County, New York. During law school, he was a member of the New York University Law Review.
Dominic Picca is the head of and assigning partner for the New York office's Litigation Practice. He is also co-founder of Mintz Levin’s Distressed Debt & Claims Trading Practice. Dominic is a commercial litigator who concentrates his practice in complex contract, partnership, securities, and real estate disputes. He also has extensive experience litigating and advising clients with respect to disputes involving bankruptcy and distressed debt transactions, intellectual property, and biotechnology.  He is a member of the firm’s Privacy & Security Practice Group, and litigates data breaches and data security issues.  Dominic has been retained as a testifying and consultative expert relating to the purchase and sale of trade claims in bankruptcy.

Practice Areas: Corporate & Securities, Corporate Governance, Criminal Law & Procedure, Cybercrime & Computer Forensics, Information Technology Law & E-Commerce, Shareholder Litigation
Online Media Type: Audio
Production Date: 11/05/2014 12:00 PM EST
Level: Intermediate
Category: Standard
Duration: 1 Hours, 0 Minutes
Online Format: Live
Course Type: Public

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Purchase of this product provides online access for 180 days. If you are purchasing a live webcast, you will receive complimentary access to the on demand version for 180 days once it becomes available. Please note that the on demand and podcast versions may, or may not be accredited in your state.

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Total Credits: 1
Specialty Credits: 
Status: Reciprocal Credit Available
Expiration: N/A
Training Type: Online

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David L. Barres - Member - Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., New York
Dominic J. Picca - Member - Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., New York
This product is designed to provide information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.

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