Cyber espionage adds a unique element to the relationship between a business and its legal counsel. If your business possesses privileged information that would be useful for a competitor or an industry, then it is crucial that you obtain the best advice possible on what factors pose a threat to your business. There are now specific times when a business needs to consult with legal counsel about cybersecurity precautions. Clearly, one of those times is when the business experiences a cyber-incident and vital information is compromised. However, at this point, the damage is already done. Instead, the business has many opportunities to take pro-active precautions to avoid having such information compromised.
Unfortunately, there is no single law that determines a business’s duty to provide security for its data. Instead, depending on the situation, there can be common law obligations, contractual obligations, or statutes and regulations that determine a business’s obligation to