Join us for a discussion of potential legal pitfalls that companies may face when they take affirmative steps outside their own networks to prevent or mitigate cyber attacks. Depending on circumstances, defensive countermeasures could be construed as civil and/or criminal violations of the Computer Fraud and Abuse Act (CFAA), and the Electronic Communications Privacy Act (ECPA), and consequently they could pose significant legal risks that in-house counsel and their advisors should evaluate before authorizing conduct that could run afoul of either statute.
This 90-minute webinar will also address recent developments in the cyber security arena, including recent legislative initiatives, the President’s Executive Order and relevant provisions of the 2013 National Defense Authorization Act, which would impose new reporting requirements and promote more effective information sharing on cyber threats between industry and the Government.
- Understand the current cyber security threat level.
- Identify potential cyber security defensive measures and countermeasures that companies may deploy to prevent or mitigate attacks.
- Become familiar with the intersection between defensive countermeasure and the CFAA and the ECPA, which could restrict the scope of potential responses to cyber threats.
- Review a case for more expansive authority to exercise “self help” in securing corporate networks and critical infrastructure or responding to cyber attacks, including equitable factors that could bear on potential liability and other factors for companies to consider before deploying defensive self help countermeasures.
- And much, much more!
Who Will Benefit?
This is an important topic for in-house counsel who must assess the risk of cyber security countermeasures and whether technical or tactical strategies to prevent cyber attacks might introduce unique and unintended legal risks. Get ahead of the curve — register your team today!
Meet Your Presenters
Megan L. Brown is a partner in the law firm of Wiley Rein, LLP. She has significant litigation, appellate and regulatory experience before state and federal courts and agencies across the country. Ms. Brown has developed particular expertise helping businesses respond to federal, state and local regulation raising constitutional, administrative law and statutory issues. She litigates and counsels clients on complex legal issues involving federal preemption and the reach of government power. From motions practice to appellate briefing, Ms. Brown represents corporations in all phases of complex litigation and develops litigation and compliance strategies under a variety of federal statutes, including the federal Communications Act, the Federal Arbitration Act and the Freedom of Information Act, as well as the U.S. Constitution.
Jennifer S. Zucker is a partner in the law firm of Wiley Rein, LLP. She represents clients on all aspects of federal procurement law, including bid protests, contract disputes and claims, contract formation and administration, government investigations, suspension and debarment matters, False Claims Act actions, mergers and acquisitions, teaming and subcontract agreements, small business matters and federal marketplace opportunities. Her experience covers a wide variety of industries, including defense, intelligence, technology and software, government services, management consulting and private equity investment in government contractors. Ms. Zucker is a Lieutenant Colonel in the U.S. Army Reserve, currently serving as Deputy Legal Counsel, Office of Legal Counsel to the Chairman of the Joint Chiefs of Staff.
Jon W. Burd is a partner in the law firm of Wiley Rein, LLP. He counsels government contractors and subcontractors on a range of legal matters. He regularly litigates bid protests before the Government Accountability Office (GAO), the Court of Federal Claims (COFC) and federal agencies, including classified protests. Mr. Burd conducts internal investigations involving allegations of contractor fraud or abuse in conjunction with Department of Justice (DOJ) and Inspector General (IG) subpoenas, suspension and debarment proceedings and employee whistleblower claims, and helps clients develop and maintain internal compliance and training programs. He also has experience in mergers and acquisitions and other due diligence activities unique to government contractors.
Continuing Legal Education (CLE) Credits
CLE requirements vary by state. If you would like to receive CLE credits for this webinar please contact customer service at (202) 238-9597.
Policy on Refunds and Cancellations
Your satisfaction with this training program is guaranteed. If you encounter difficulties prior to or during a course, please contact customer service at (202) 238-9596. If you are dissatisfied with a course for any reason, you may receive credit toward a future course or a full refund. In the event that this course is cancelled, participants are notified immediately via email and offered a full refund. If the course is rescheduled, participants have a choice of a full refund or having their registration transferred to the new date.