Introduction
Paper Topic Discussion
Current Events
Incident Response, Law Enforcement and the Counsel as Quarterback
Materials
Yahoo’s Warning to GCs: Your Job Description Just Expanded (Big-Time), by David Fontaine and John Reed Stark (March 2017)
Schedule Review (Here’s Where We Are, Here’s Where You Ought to Be)
Paper Topic Discussion, Current Events
Incident Response, Law Enforcement and the Counsel as Quarterback (Continued)
Materials
Is Amazon Liable for the Capital One Hack? (John Reed Stark, 2019)
The Equifax and SEC Data Breaches: Takeaways, Reminders & Caveats, by John Reed Stark (September 2017)
Schedule Review (Here’s Where We Are, Here’s Where You Ought to Be)
Paper Topic Discussion, Current Events
Incident Response, Law Enforcement and the Counsel as Quarterback (Continued)
Materials
Here’s What Went Wrong for Equifax in Those First 48 hours, by John Carlin and David Newman (September, 2017)
Ensuring Best Practices in the Investigation of an Incident, by David Fagan, Ashden Fein and David Bender (March, 2016)
Schedule Review (Here’s Where We Are, Here’s Where You Ought to Be)
Paper Topic Discussion, Current Events
Incident Response, Law Enforcement and the Counsel as Quarterback (Continued)
Materials
Ransomware's Dirty Little Secret: Most Victims Pay (John Reed Stark, 2019)
A Ransomware OFAC Due Diligence Checklist, by John Reed Stark (January, 2021)
OFAC Advisory on Potential Sanctions Risks for Facilitating Ransomware Payments (October 2020)
Schedule Review (Here’s Where We Are, Here’s Where You Ought to Be)
Current Events
Incident Response, Law Enforcement and the Counsel as Quarterback (Continued)
Materials
Privilege Lessons From Clark Hill Cybersecurity Doc Ruling, by Doug Meal, Michelle visor and David Cohen (January, 2021)
Wengui v. Clark Hill Plc, Civil Action No. 2019-3195 (D.D.C. 2020)
Schedule Review (Here’s Where We Are, Here’s Where You Ought to Be)
Current Events
Counsel as Quarterback and Data Breach Workflow (Continued)
Cyber Insurance
Financial Regulators, Law Enforcement and Data Breaches
Materials
What the Capital One Hack Means for Boards of Directors by John Reed Stark (The Harvard Law School Forum on Corporate Governance, 2019)
After a Ransomware Attack, Does Property Insurance Cover Damaged Software and Hardware? by Scott Godes (2020)
Schedule Review (Here’s Where We Are, Here’s Where You Ought to Be)
Current Events
Data Breaches, Cybersecurity and Boards of Directors
Cyber Insurance
Financial Regulators, Law Enforcement and Data Breaches
Materials
Think the SEC EDGAR Data Breach Involved Insider Trading? Think Again. By John Reed Stark (D&O Diary, Law 360) (October 2017)
Schedule Review (Here’s Where We Are, Here’s Where You Ought to Be)
Current Events
Data Breaches, Cybersecurity and Boards of Directors
Data Breach Call (Guest: Heather Sussman, Head of Orrick's Global Cyber, Privacy & Data Innovation Practice Group)
Materials
How to Move to Remote Work and Comply with U.S. Privacy and Cybersecurity Laws (Heather Sussman, Trust Anchor Blog, 2020)
Current Events
Complete Any Unfinished Topics
Intake from Digital Forensics Firm (Guest: Bret Padres, CEO, Crypsis)
Materials
Interview With Bret Padres, CEO – Crypsis Group (March, 2020)
Current Events
Complete any unfinished topics
Briefing with Insurance Company (Scott Godes, Barnes & Thornburg)
Law Enforcement Briefing (Guest: Jason Smolanoff, Senior Managing Director and Global Head of Cyber Risk
Cyber Risk)
Materials
Who gets Coverage? by Scott Godes (BTLaw Cybersecurity Blog, 2017)
Current Events
Board Briefing (Guest: (David Fontaine, Former CEO, Kroll)
Materials
Cybersecurity: The SEC’s Wake-up Call to Corporate Directors, by John Reed Stark and David Fontaine (March 2018)
SEC/FINRA Regulatory Interphase
(Guests: John Polise, Associate Director, U.S. Securities and Exchange Commission; Cameron Funkhouser, Executive Vice President, Financial Industry Regulatory Authority)
Vendor Briefing (Beckage Cloud Services and Triidelity) (Guest: Jennifer Beckage, Founder, Becckage PLLC)
Papers Due
Discussion of Simulation Presentations
John Reed Stark President of John Reed Consulting LLC. Served for 15 years as an SEC enforcement attorney leading cyber-related projects, investigations and enforcement actions; For 11 years as Founder/Chief of SEC Office of Internet Enforcement; For 15 years as Adjunct Professor at Georgetown University Law School teaching cyber law; For 10 years as a Guest Instructor at the FBI Academy; For 5+ years as Managing Director (three as head of the Washington, D.C. office) of Stroz, Friedberg, a global digital risk management firm, leading cybersecurity, incident response and digital compliance engagements for corporations. Appointed since 2017 as Senior Lecturing Fellow at Duke University Law School teaching law of cybersecurity and data breach response. Author of The Cybersecurity Due Diligence Handbook. 
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