An Employer’s Guide to the President’s Cybersecurity Recommendations

President Obama has released key provisions of his new cybersecurity plan (which he will discuss during his State of the Union address).   As discussion about this plan unfolds, employers should be aware of several important elements.  Please note: a number of commentators have taken a political position on this subject. I am not. 

According to the White House, these proposals are designed to:

  • Enhance cyber-threat information sharing within the private sector and between the private sector and the Federal Government;
  • Protect individuals by requiring businesses to notify consumers if personal information is compromised; and
  • Strengthen and clarify law enforcement’s ability to investigate and prosecute cyber crimes.

I will look at why each matters to employers.

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Cyber-Resilience: The Next Really Big Thing

This is not the year of cybersecurity as some might suggest.  It is the year of cyber-resilience.  This is a matter for employment lawyers to understand as a core part of their employment litigation risk management role.

In this somewhat longer piece, I will cover:

  • Cyber-Resiliency: Definition
  • The Cyber-Resiliency Imperative In General
  • The Cyber-Resiliency Imperative For Employers
  • Cyber-Resiliency in Practice

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8 Trends in the Transformation of Tech-Related Employment Law

2015 will see the broadening and deepening of the transformation of tech-related employment law.

Here are eight reasons why:

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ADA and Emerging Tech: Key Considerations for Employers

The Americans with Disabilities Act (ADA) is often overlooked in employment-related technology development, acquisition and deployment.  As new and emerging technologies enter the workplace (see my earlier post, here) there are several key considerations related to the ADA to bear in mind.

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APWU v USPS @ NLRB: Some Best Practices

USPSThe American Postal Workers Union (APWU) recently filed a NLRB charge against the United States Postal Service (USPS) in connection with a data breach that led to the release of 800,000 employee and retiree medical records, social security numbers and bank account and routing information.  This has been widely reported and discussed elsewhere.

One overlooked element of this case is the detailed testimony about how the data breach itself was handled.  While many breaches make news, the USPS’ testimony before Congress is fairly unique and gives us very interesting insight into the breach. So, what can we learn?

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ESI and Data Governance: Part 2

Data Governance:  Controls and Culture

As said, ESI is an increasingly understood and litigated issue.  What requiresExplore-the-Data much more thought by employment lawyers is data governance.  Data governance is the system of rules and procedure  that relate to how an enterprise’s ESI is stored, managed, used, merged, deleted, and transferred.

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ESI and Data Governance: Part 1

The Basics

Enterprises of all sizes store troves of information in many different Explore-the-Dataforms and formats about their employees — and these data pools will undoubtedly multiply over the coming years.  Employment lawyers will be required to interact with technical personnel to assess preservation and if necessary, supervise production.

So, what’s an employment lawyer to do?  Turn to data governance!

Let’s first look at some basics first, and then, in my next post, we will turn to the heart of this area: data governance for employment lawyers.

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Talking Cybersecurity

Questions for Talking with the CIO

As said, employment lawyers need to talk to the CIO in order to more fully manage the risk employers face from employees.  Here is how to get the conversation started.

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Thinking Cybersecurity

Some Basics

As I suggested in a previous post, understanding cybersecurity is essential to effectively managing an employer’s risk.  The upshot: employment lawyers must talk to CIOs.   To do that, we’ll need to know a thing or two about the subject matter at hand.

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