The Data Security Governance Conundrum: Practical Solutions and Best Practices for the Boardroom and the C-Suite

Thursday, June 25th, 2015 at 12:29 pm by Thad A. Davis, Michael Li-Ming Wong & Nicola M. Paterson

Thad A. Davis, Michael Li-Ming Wong & Nicola M. Paterson, The Data Security Governance Conundrum: Practical Solutions and Best Practices for the Boardroom and the C-Suite, 2015 Colum. Bus. L. Rev. 613 (2015).

Data breaches and cyber attacks continue to represent increasingly sophisticated threats to corporations of all shapes and sizes. Recent, high-profile data losses and vulnerabilities have prompted heightened regulator, enforcement agency, plaintiff, and public scrutiny of boardroom preparedness.

This Article examines the cybersecurity and cyber attack landscape and identifies core dilemmas that boardrooms face in the current environment. It also explores the various approaches, and examines recent watershed case law on the data breach question. This Article draws guiding principles for compliance from more established regulatory schemes to inform best practices guidance and a flexible, scalable corporate data and cyber-compliance framework.

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© 2015 Thad A. Davis, Michael Li-Ming Wong & Nicola M. Paterson

Author Information

Thad A. Davis: Partner & Co-Chair, Securities Litigation Practice Group, Gibson, Dunn & Crutcher LLP. The author is a Certified Information Privacy Professional (CIPP/US). Michael Li-Ming Wong: Partner & Co-Chair, Securities Enforcement Practice Group, Gibson, Dunn & Crutcher LLP. The author is a Certified Information Privacy Professional (CIPP/US). Nicola M. Paterson: Associate, Gibson, Dunn & Crutcher LLP. The author is a non-resident fellow with the Georgetown Center on National Security and the Law.