Mollie Kugler and Alyssa Johnson Discuss Law Firm Cyber Liability Exposure in DRI's For the Defense
In The News | 1 min read
Nov 8, 2019
In an article published in DRI's For the Defense magazine, Hinshaw attorneys Mollie Kugler and Alyssa Johnson review the ethical responsibilities and potential financial liabilities of law firms who experience a data breach as a result of a cyber attack. They note that recent amendment to the Model Rules and their comments reflect the ABA's increasing concern about the ethical implications of such data breaches, and highlight ABA Formal Opinion 483 for its instruction on lawyer duties in the event of a data breach which has a "substantial likelihood" of involving "material client information."
The authors also note that LPL policies may not adequately cover cyber losses, and that only 34 percent of responding lawyers in an 2018 ABA survey indicated they had a cyber insurance policy in place. Accordingly, they recommend that lawyers, as part of their duty under state ethics rules, should consider ABA Formal Opinion 483, create a cyber attack incident response plan, and investigate whether cyber insurance is right for their law firm.
Read the full article (PDF)
"Protect Your Firm from Collateral Damage: Understanding Your Ethical Duties in the Event of a Data Breach" was published by For the Defense Magazine, October 2019.
Featured Insights

Press Release
Nov 13, 2026
Hinshaw Advises Client Safe Harbor Capital Partners in $44 Million Financing

In The News
Nov 12, 2026
Spencer Kook Authors Article Providing a Claims Manager’s Guide to Class Action Exposure

In The News
Nov 12, 2026
Mitch Chargo Discusses Cannabis M&A Implications in a Post-Rescheduling Landscape

Webinar
Nov 12, 2026
Michael Adams Presents on Navigating Ethics in the Digital Age

Event
Nov 12, 2026
Cathy Mulrow-Peattie Discusses AI and Supply Chain Cybersecurity

Healthcare Alert
Nov 11, 2026
Illinois Enacts 340B Contract Pharmacy Protections: 7 Steps Covered Entities Should Take

In The News
Nov 10, 2026
Brian Turetsky Examines How NYC’s Proposed POWER Act Could Expand Private UDAAP Claims

In The News
Nov 9, 2026
Kate Schnake Examines Unlawful Discrimination vs. Legitimate Advocacy in Jury Selection

Press Release
Nov 6, 2026
Hinshaw Recognized by the LCLD as a 2026 Compass Award Winner and Top Performer

Consumer Crossroads: Where Financial Services and Litigation Intersect
Nov 5, 2026
FDIC Proposes State Bank Preemption Parity Rule Regarding Host State Laws


