Photo of Litigation Blog Mailise Marks mmarks@smsm.com
201.604.4084
Mailise Marks is an associate attorney in the firm's Jersey City office. Her practice centers on complex commercial litigation, cyber risk and technology, construction …

Showing 2 posts by Mailise Marks.

Best Practices for Cyber-Resilience in Uncertain Times

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Cyber resilience is an essential component of modern-day life in corporate America.  It is critical that companies of all sizes take reasonable steps to prepare for an adverse cyber event that is, in all likelihood, inevitable in today’s business climate.  The COVID-19 pandemic has brought with it a heightened cyber threat to companies that have increasingly embraced remote employment, as well as to critical industries including medical manufacturers and suppliers, financial services, healthcare, and others.  Industry data indicates that cyber criminals have recently increased phishing campaigns and malware attacks.  In times such as these, it is prudent for a company to evaluate its cyber-risk management and resilience practices – its ability to execute and deliver its business function following an adverse cyber event. More »

CYBER RISK CLIENT ALERT: The SHIELD Act Requires Corporations to Implement Cyber-Security Measures

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Introduction

New York will soon take another step forward towards protecting residents’ confidential data. As of March 21, 2020, any company that owns or licenses computer data that contains the private information of a New York resident must implement and maintain reasonable measures to protect that information.  This new legislation impacts any business that obtains or preserves New York residents’ confidential information regardless of where that business is located.  New York’s expanding protection serves as yet another reminder of the importance of corporate cyber-resilience.

In 2005, New York enacted the “Information Security Breach and Notification Act.”[1] (“Notification Act”).  As with other states throughout the country, the New York State legislature recognized the significant adverse impact of data security breaches as well as identity theft, and further recognized that New York residents were “hindered by a lack of information regarding breaches. . . .”  Accordingly, the state legislature enacted the Notification Act to ensure that New York residents are properly informed in the event of a data breach, as such information would empower residents to implement measures designed to repair damage and, if possible, prevent future damage from a data breach. More »

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