Mr. Schildknecht is an associate in Davis Polk’s Litigation Department. His cybersecurity practice focuses on regulatory compliance, incident response and transaction risk assessments. [Full Bio]

Avi Gesser co-authored an article with Davis Polk associates Matthew Kelly, Will Schildknecht, and Anna Marienko that was published in the New York Law Journal on May 31, 2019, and that discusses the competing interests of cybersecurity and employee privacy that employers must balance when implementing reasonable cybersecurity measures.  The
Continue Reading New York Law Journal Publishes Avi Gesser’s Article on Balancing Between Cybersecurity and Employees’ Privacy

As we highlighted in our predictions for 2019, the proliferation of leaked personal information online provides an increasingly valuable resource for threat actors to use in cyber attacks. So far in 2019, billions of records have been leaked, creating significant additional cybersecurity risks for companies. To help understand this
Continue Reading How to Reduce the Cybersecurity Risks Posed by Leaked Data

We recently wrote about companies monitoring employees to reduce cybersecurity risks. Those insider threat risks do not end when employees leave the company. Sensitive company data in the hands of a disgruntled former employee is obviously a potential risk, but so is unauthorized access to confidential company information by a
Continue Reading Cyber Monitoring Employees Part 2 – Insider Threats Continue After Employees Leave

2018 was another busy year for lawyers in the privacy/cybersecurity world – GDPR, CCPA, Marriott, New York Department of Financial Service’s cybersecurity rule deadlines, increased SEC enforcement, more data breach lawsuits, more companies doing table top exercises and risk assessments, etc. But 2019 is looking to be even busier. Below
Continue Reading 2019 Predictions – Top 10 Cybersecurity/Privacy Trends to Prepare for Now

Momentum is building for federal privacy legislation, with several different proposals circulating in Washington.  Ohio’s new cybersecurity law offers an interesting approach for incentivizing companies to protect their customers’ personal data.

We have written previously on two competing models for cybersecurity regulation—“standards” versus “rules.”  The standards-based approach, historically
Continue Reading A New Safe-Harbor Approach to Cybersecurity Regulation

On June 6, 2018, the Eleventh Circuit vacated a cease and desist order issued by the FTC against LabMD as unenforceably vague.  The FTC’s Order, which resulted from a finding that LabMD had failed to maintain an adequate cybersecurity program, directed LabMD to “establish and implement, and thereafter maintain,
Continue Reading Standards vs. Rules for Cyber Regulation – The Eleventh Circuit Weighs in Against the FTC and in Tacit Support for the NYDFS Approach

On February 21, 2018, the Securities and Exchange Commission (“SEC”) issued a statement and interpretive guidance on issuers’ cybersecurity disclosures.   For a general discussion of the guidance, see Davis Polk’s recent Client Memorandum.  Although the guidance does not impose any new requirements on issuers, the SEC’s emphasis on Board
Continue Reading 2018 SEC Cybersecurity Guidance on Board Oversight

Cryptojacking is the newest cyber threat that companies are facing.  It involves hackers accessing company servers in order to steal processing power, which is then used to mine cryptocurrencies.

With the recent increase in value of digital assets such as bitcoin, Ether, and Monero, it is not surprising that criminal
Continue Reading Cryptojacking – A Real Cyber Threat, Even If You Don’t Have To Tell Anyone

Appleby, a multi-national law firm known for its tax planning services, is the latest law firm to suffer a major cyber breach in an event that has been dubbed the “Paradise Papers.”  This breach mirrors the Panama Papers leak from two years ago, which exposed millions of documents from the
Continue Reading Another Law Firm Suffers a Major Cyber Breach as Millions of Sensitive Client Documents Are Made Public in the “Paradise Papers”