Photo of Stephen H. Jett

The emphasis of Steve's practice is commercial/business litigation. Steve has extensive litigation experience in intellectual property, franchise law, employment law, commercial contracts, business torts, trade secrets, real estate tax, landlord/tenants, ERISA litigation, and creditor’s rights.  He also often handles adversary proceedings in bankruptcy court.

FTCNow, more than ever, corporate boards must ensure their cybersecurity measures are up to par, funded, and properly implemented to avoid the FTC’s wrath. Corporate boards need to be cognizant of both ensuring that their cybersecurity measures are consistent with best practices and with nationally and internationally recognized data security standards — and that those cybersecurity measures can actually be met through commitment of sufficient resources. Otherwise, the Federal Trade Commission may find fertile ground to scrutinize the company, and
Continue Reading Corporate Boards Beware: The FTC is Watching

EuroParlSince the first draft comprehensive regulation to govern cybersecurity in the European Union (“EU”) was issued by the European Commission in January 2012 (click here), the European Commission, the European Council, and the European Parliament have been working together to update and supersede the existing EU Directive (95/46/EC) in order to bring it up to date and in line with recent sweeping advances in technology and technological globalization.  (EU Privacy Regulations:  Who Will Own Your Data Now?

Continue Reading New EU Cybersecurity Regulations On The Way: Things To Know Now

Banks and insured depository institutions are the targets of frequent and increasingly sophisticated cyberattacks. To address this problem, the Federal Financial Institutions Examination Council (FFIEC) – a government interagency body that prescribes uniform guidances, principles, and standards for depository institutions – has prioritized the strengthening of industry cybersecurity initiatives. Despite preventative efforts to thwart cyberattacks in the financial sector, some entities are unaware of their institutional vulnerabilities. In response, the FFIEC launched a “Cybersecurity Assessment Tool” to help institutions identify
Continue Reading FFIEC’s Cybersecurity Self-Assessment Tool: Required Reading for Bank Officers and Boards

What Can Boards Do?

This is the last in a three-part series on the implications of cybersecurity threats on boards of directors. cyber_temp

Board oversight should include a comprehensive plan to respond to a cyber incident or data breach, with senior management fully trained with respect to such plan.  Moreover, the plan should be continually updated, fully rehearsed and stress tested, so that responding to an incident or breach is virtually instinctive, and responding to a cyber incident is not being

Continue Reading Corporate Boards: The Challenges and Risks of Maneuvering Through Cybersecurity

The Litigation Risk103_1southern_wine_sampsel_preston

This is the second of a three-part series on the implications of cybersecurity threats on boards of directors.

The diversion of resources arising out of cybersecurity threats includes, among other things, litigation. A couple of recent examples of litigation filed against corporate boards are instructive.

On January 29, 2014, the second of at least two lawsuits was commenced against Target arising out of a data breach, pursuant to which many thousands of Target customers’ credit card information

Continue Reading Corporate Boards: The Challenges and Risks of Maneuvering Through Cybersecurity

This is the first of a three-part series on the implications of cybersecurity threats on boards of directors. 

Now, more than ever, corporate boards face an immense challenge to ensure that their companies are prepared for cybersecurity threats before they occur.  It is not question of if a corporation will be hit by a cybersecurity incident or data breach, but when.

The Existing Cybersecurity Landscape and Associated Risks  

The landscape that corporate boards face has never been more treacherous, with

Continue Reading Corporate Boards: The Challenges and Risks of Maneuvering Through Cybersecurity