Until recently, corporate cybersecurity was viewed as essentially an IT concern, with some limited involvement from other functions such as Risk and Compliance. Except in situations requiring interaction with law enforcement, cybersecurity was not usually an area of substantive responsibility for in-house attorneys. But in the last five years, the role of in-house counsel in cybersecurity matters has expanded dramatically in response to increased risks of civil litigation, regulatory investigations, and congressional inquiries, as well as a stream of new state, federal, and international regulations. In 2019, effective management of cyber risk requires coordination and communication across a range of internal departments, at multiple levels within the corporate hierarchy, informed by the timely advice of competent in-house counsel.

As companies expand their preparation for cyber incidents, in-house counsel may be expected to play a role in an increasing number of disparate tasks, including:

• Assessing disclosures of prior incidents and material risks;

• Drafting and testing the company’s incident response plan and other cybersecurity policies;

• Facilitating employee training and tabletop exercises;

• Ensuring the adequacy of insurance coverage;

• Developing contacts in law enforcement;

• Overseeing communications with threat-sharing groups;

• Assisting with cyber-focused due diligence of vendors and potential merger partners;

• Reviewing third-party contracts regarding cybersecurity-related undertakings and notification obligations; and

• Crafting strategies and submissions on public policy issues and proposed legislation.

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