Understanding Liabilities

and Mitigation
Strategies

Oct 7th
2023

Marshall Walker
•Brief overview of the cyber-attack and
data breach
•Number of affected individuals
(estimated 10,000)
•PII transferred over one million times on
the dark web

Marshall Walker 2
Some of them include:
• Negligence
• Breach of Duty
• Breach of Contract
• Invasion of Privacy

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• California Consumer Privacy
Act (CCPA)
• Data Breach Notification Laws

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• Stop Hacks and Improve
Electronic Data Security (SHIELD)
Act
• New York State Breach
Notification Law

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• Prompt notification and
communication with affected
individuals
• Offer identity theft protection
services
• Establish a dedicated helpline
for support and guidance
• Collaborate with law
enforcement and cybersecurity
experts 6
• Conduct a thorough internal
investigation
• Strengthen cybersecurity
measures
• Implement advanced
encryption technologies
• Enhance employee
cybersecurity training

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• Develop a comprehensive data
protection strategy
• Regularly update and patch
security systems
• Conduct periodic cybersecurity
audits and risk assessments
• Engage with a reputable
cybersecurity consulting firm
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• Develop a comprehensive
business continuity plan
• Establish clear crisis
communication protocols
• Test the incident response plan
regularly

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• Regular legal review and updates of
privacy policies and terms of service
• Stay compliant with relevant laws and
regulations

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• Continuous monitoring and
assessment of cybersecurity
measures
• Invest in employee training and
awareness programs
• Engage in industry partnerships
and information sharing

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• California State Legislature. (2018).
California Consumer Privacy Act of
2018, Cal. Civ. Code §§ 1798.100 et
seq.
• New York Department of Financial
Services. (2017). New York State
Cybersecurity Rule for Financial
Services Companies, 23 NYCRR Part
500.
• New York State Legislature. (2005).
New York State Breach Notification
Law, N.Y. Gen. Bus. Law § 899-a.