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Unlocking the Mysteries of Cyber Liability: What Every Lawyer Needs to Know

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Unlocking the Mysteries of Cyber Liability: What Every Lawyer Needs to Know Unlocking the Mysteries of Cyber Liability: What Every Lawyer Needs to Know N OVEMBER 3, 2015 - C O nc ORD N OVEMBER 4, 2015 - G REE N SBORO N OVEMBER 5, 2015 - C ARY LIABILITY INSURANCE 5020 Weston Parkway, Suite 200, Cary, North Carolina 27513 LAWYERS COMPANY OF Post Office Box 1929, Cary, North Carolina 27512-1929 NORTH CAROLINA MUTUAL 919.677.8900 800.662.8843 919.677.9641 FAX www.lawyersmutualnc.com LIABILITY INSURANCE LAWYERS COMPANY OF MUTUAL NORTH CAROLINA Unlocking the Mysteries of Cyber Liability: What Every Lawyer Needs to Know T ABLE OF C ON T EN T S pg. 3 Agendas pg. 6 List of Presenters pg. 9 Cyber Security for Trust Accounting pg. 10 Checklist for Protecting Your System and Client Data pg. 11 Common Types of Malware pg. 12 Cyber Resources pg. 17 Email Encryption: How Secure is Your Email? pg. 18 Email Encryption Resources pg. 20 Cyber Risk Presentation: Breach Responses & Coverages pg. 28 Sample Form: Incident Response Plan pg. 41 Protecting Yourself From Cybercrime Dangers: The Steps You Need to Take 2 LIABILITY INSURANCE LAWYERS COMPANY OF MUTUAL NORTH CAROLINA Unlocking the Mysteries of Cyber Liability: What Every Lawyer Needs to Know C ON C ORD A GENDA 8:30 a.m. - Registration 9:00 a.m. 9:00 a.m. - Cyber Breaches: What Are the Threats? 10:00 a.m. Ric Messier, Professor from Champlain College in VT; Clark Walton, lawyer and owner of Reliance Forensics in Charlotte; Jim Granozio, FBI agent What is cyber liability? A. How do hackers and others get into our systems? B. The dangers of e-mail. C. What do they want (money, data, ransom)? D. Examples of law firm breaches 10:00 a.m. - Break 10:15 a.m. 10:15 a.m. - Cyber Safeguards and Procedures 11:15 a.m. Ric Messier, Professor from Champlain College in VT and Clark Walton, lawyer and owner of Reliance Forensics in Charlotte A. Best practices for protecting data and confidential information. B. Internal threats. C. Mobile devices. D. Encryption: What is it and do you need it? E. Protecting your trust account. 11:15 a.m. - Break 11:30 a.m. 11:30 a.m. - Responding to a Data Breach 12:30 p.m. Thomas A. Widman, CPCU, AMIM, President & CEO of Identity Fraud, Inc.; Charles Marshall, Brooks Pierce; Jim Granozio, FBI agent A. North Carolina law and notification requirements. B. Preparing a breach response plan. C. Notifying law enforcement, regulatory authorities and insurers. D. Costs associated with a response. E. Insurance coverage and exclusions. F. Ethical Obligations 12:30 p.m. - Networking Lunch 2:00 p.m. 3 LIABILITY INSURANCE LAWYERS COMPANY OF MUTUAL NORTH CAROLINA Unlocking the Mysteries of Cyber Liability: What Every Lawyer Needs to Know G REENSBORO A GENDA 8:30 a.m. - Registration 9:00 a.m. 9:00 a.m. - Cyber Breaches: What Are the Threats? 10:00 a.m. Ric Messier, Professor from Champlain College in VT; Clark Walton, lawyer and owner of Reliance Forensics in Charlotte; John Maser, FBI agent What is cyber liability? A. How do hackers and others get into our systems? B. The dangers of e-mail. C. What do they want (money, data, ransom)? D. Examples of law firm breaches 10:00 a.m. - Break 10:15 a.m. 10:15 a.m. - Cyber Safeguards and Procedures 11:15 a.m. Ric Messier, Professor from Champlain College in VT and Clark Walton, lawyer and owner of Reliance Forensics in Charlotte A. Best practices for protecting data and confidential information. B. Internal threats. C. Mobile devices. D. Encryption: What is it and do you need it? E. Protecting your trust account. 11:15 a.m. - Break 11:30 a.m. 11:30 a.m. - Responding to a Data Breach 12:30 p.m. Thomas A. Widman, CPCU, AMIM, President & CEO of Identity Fraud, Inc.; Clark Walton, lawyer and owner of Reliance Forensics in Charlotte; John Maser, FBI agent A. North Carolina law and notification requirements. B. Preparing a breach response plan. C. Notifying law enforcement, regulatory authorities and insurers. D. Costs associated with a response. E. Insurance coverage and exclusions. F. Ethical Obligations 12:30 p.m. - Networking Lunch 2:00 p.m. 4 LIABILITY INSURANCE LAWYERS COMPANY OF MUTUAL NORTH CAROLINA Unlocking the Mysteries of Cyber Liability: What Every Lawyer Needs to Know C ARY A GENDA 8:30 a.m. - Registration 9:00 a.m. 9:00 a.m. - Cyber Breaches: What Are the Threats? 10:00 a.m. Ric Messier, Professor from Champlain College in VT; Jessica Nye, FBI agent What is cyber liability? A. How do hackers and others get into our systems? B. The dangers of e-mail. C. What do they want (money, data, ransom)? D. Examples of law firm breaches 10:00 a.m. - Break 10:15 a.m. 10:15 a.m. - Cyber Safeguards and Procedures 11:15 a.m. Ric Messier, Professor from Champlain College in VT and Brian Love, attorney, Teague Campbell A. Best practices for protecting data and confidential information. B. Internal threats. C. Mobile devices. D. Encryption: What is it and do you need it? E. Protecting your trust account. 11:15 a.m. - Break 11:30 a.m. 11:30 a.m. - Responding to a Data Breach 12:30 p.m. Thomas A. Widman, CPCU, AMIM, President & CEO of Identity Fraud, Inc.; Bill Bulfer, attorney, Teague Campbell; Jessica Nye, FBI agent A. North Carolina law and notification requirements. B. Preparing a breach response plan. C. Notifying law enforcement, regulatory authorities and insurers. D. Costs associated with a response. E. Insurance coverage and exclusions. F. Ethical Obligations 12:30 p.m. - Networking Lunch 2:00 p.m. 5 Unlocking the Mysteries of Cyber Liability: What Every Lawyer Needs to Know November 3 – 5, 2015 List of Presenters Bill Bulfer – Partner – Teague Campbell Dennis & Gorham, LLP Email: [email protected] P: 828-254-4515 Bill's practice is focused mainly on liability and coverage issues. Bill has defended numerous wrongful death claims, professional liability claims, and general liability claims. He has provided coverage opinions, prosecuted and defended declaratory judgment actions, and has provided legal advice on the creation and modification of coverage documents on behalf of insurers. Bill assists his clients with drafting cutting edge policies, including cyber-liability coverage and drone coverage forms. He dedicates a significant portion of his coverage practice to local governments and trucking & commercial transportation clients. Jim Granozio – Special Agent – Federal Bureau of Investigation Email: [email protected] P: 704-672-6351 Special Agent James Granozio joined the FBI in July 2003 and was assigned to the Newark Field Office where he investigated organized crime, public corruption and cyber crime matters. While on the cyber squad, Agent Granozio spent two years working as an undercover Agent targeting online child sexual predators leading him to become the Acting Supervisor. In 2009, Agent Granozio was deployed to Afghanistan where he operated as a hostage negotiator before being selected for a supervisory position in the FBI’s Cyber Division in Washington, D.C. In 2012, Agent Granozio was transferred to the Charlotte Field Office where he now investigates cyber national security matters and serves as FBI Coordinator for the Charlotte and Eastern Carolina InfraGard Chapters. Brian Love – Associate – Teague Campbell Dennis & Gorham, LLP Email: [email protected] Phone: 919-873-0166 Brian is an Associate at Teague Campbell Dennis & Gorham, LLP. His practice involves civil litigation and insurance coverage issues. He has appeared on behalf of clients in North Carolina’s state and federal courts, the North Carolina Industrial Commission and has appeared before the North Carolina Court of Appeals, the North Carolina Supreme Court, and the United States Court of Appeals for the Fourth Circuit. Brian’s civil litigation practice is primarily concentrated in the areas of complex construction defect claims, products liability and general tort liability. Brian has also provided coverage opinions, prosecuted and defended declaratory judgment actions and has provided legal advice on the creation and modification of coverage documents for insurers. 6 Unlocking the Mysteries of Cyber Liability: What Every Lawyer Needs to Know November 3 – 5, 2015 List of Presenters Charles F. Marshall – Partner – Brooks Pierce Email: [email protected] Phone: 919-573-6247 Charles has counseled companies responding to data breaches, including notifications to consumers, state regulators, insurers and vendors in various states. He also helps companies identify data privacy issues on the “front-end” and implement policies to reduce the risk of a future data breach. Charles also helps digital media and e-commerce companies draft privacy policies for online services and mobile applications and to avoid risks. Charles draws on his media law experience to help clients identify and address digital and social media content, including copyright, trademark, right of publicity, and online marketing issues. He has worked with “start-up” online services, large media companies and even a national presidential campaign. John Maser - Special Agent – Federal Bureau of Investigation Email: [email protected] Phone: 919-380-4500 John is a Special Agent for the Federal Bureau of Investigation in the Charlotte Division, Raleigh Resident Agent, currently assigned to investigate Cyber Intrusion matters, both criminal and national security. Special Agent Maser began his career as a FBI Special Agent in 2004 in the Cincinnati Division, investigating White Collar Crime and Violent Crime. Special Agent Maser has also been assigned to the Philadelphia Division, investigating Public Corruption, and to FBI Headquarters in Washington, DC, where he was a Supervisory Special Agent at the National Cyber Investigative Joint Task Force. Ric Messier – Assistant Professor, Program Director, Cyber Security & Digital Forensics Division of Continuing Professional Studies – Champlain College Email: [email protected] Phone: 802-865-6477 Ric is currently the Program Director for Cybersecurity and Digital Forensics programs online at Champlain College.
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