Preparing Your Company for Cybersecurity Incidents

Preparing for a cyber incident is hard enough. Finding attorneys to guide your preparation in a practical and budget-conscious way is now much easier. Our team at Carlton Fields can help.

We routinely work with our clients, across a range of industries, on their incident response guides and other breach preparedness steps. Our work is efficient, can be done on a flat fee, and respects the budget and internal politics at your company.

When should your company meet with Carlton Fields to discuss cybersecurity?

  • Your company recently experienced a cyber incident and identified a need to “tune up” its practices and procedures.
  • Your company is responding to events at a competitor or in the news.
  • Your company’s owners or directors are asking questions about cyber readiness.
  • A key security or risk executive has just returned from an industry conference, where she realized the company’s response framework may be out of date.
  • Your company’s legal or information security department has just started with or is about to engage a cybersecurity consultant or information security professional.
  • Your company is preparing with its broker to purchase or renew cyber insurance.

How can Carlton Fields help?

Drafting or revising incident response guides and related materials

Perhaps the most important piece of preparation is to draft a functional and up-to-date incident response guide. This guide is an organization’s “playbook” for responding to a data breach or other attack on its systems. The guide:

  • Identifies the key members of the response team and their respective duties
  • Outlines decision trees for important issues likely to arise
  • Lists key third-party partners, including counsel, insurance brokers, and cyber consultants who will be called upon in a crisis.

We offer a number of options, which can work alone, in stages, or all together, and range from consultation with no written work product to the development of a new guide for your company.

Issue spotting and counseling

We will review and analyze potentially applicable laws, risks, and opportunities, based on your company’s industry, business partners, and geographic locations, and then brief your company’s key decision-makers.

This analysis is particularly important for clients that operate in highly regulated fields, such as financial services, insurance, and health care.

Data mapping

We will interview company employees and review relevant system information to help your company determine what digital information it is holding, where it is holding it, and the risks and rewards of that digital profile.

Budget management

Our team will consult with your company’s legal, information security, or risk teams to develop strategies to minimize legal liability and maximize the company’s budget for information security, helping to ensure that your limited funds are allocated to the biggest risks.

Vendor due diligence and contracting

We assist clients with vendor due diligence and contracting to ensure that any cyber risk from the use of vendors is mitigated. This mitigation involves assisting in the vetting of vendors and negotiating contracts to provide audit rights and liability protections.

Cybersecurity consultant liaison

We work with third-party cybersecurity consultants in their assessment and monitoring of your company’s cyber preparedness, and can make recommendations for such experts at a variety of budget points.

What does a typical engagement consist of?

  • Interviews with your IT or IS personnel to identify the data the company holds, and analysis of which data security regimes govern that data and what the risks might be to your company.
  • An initial analysis of your existing incident response guide and supporting procedures.
  • Drafting of a memorandum suggesting high-level changes and updates to those documents, based on both legal requirements and practical experience.
  • An additional interview with your IT and IS personnel for reactions and responses to our specific recommendations for updating the materials.
  • Revising your company’s incident response guide and supporting procedures, and the provision of a “redline” version that shows the changes. The “redline” we provide often includes comments or options for you to consider in implementing the guide.
  • A “post-mortem” conference call or meeting in which we discuss the final work product with you and advise on implementation.

How does Carlton Fields price these services?

  • We deploy flat fees when appropriate, keyed to your company’s budget.
  • We can provide these services over time and in stages, to meet a variety of budgets and internal levels of authority.
  • Our cyber team includes information security professionals who often consult on smaller, substantive cybersecurity matters. As appropriate, we make referrals to third-party cybersecurity consultants at a variety of cost and service points.
  • If our work is completed in advance of renewing your cyber insurance policies, the benefits could include reduced premiums and/or enhanced coverage.