Attorney Cybersecurity, Ethical Obligations, and the New York SHIELD Act

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This CLE explores the interaction of statutory, ethical, and practical cybersecurity obligations placed on attorneys and law firms under New York’s SHIELD Act (General Business Law Sections 899-aa and 899-bb. With a particular focus on the SHIELD Act’s cybersecurity program mandates—including administrative, technical, and physical safeguards—attendees will gain a comprehensive understanding of what constitutes “reasonable” data security practices for those handling the private information of New York residents and how these requirements integrate with the ABA Model Rules on competency under Rule 1.1, client confidential information under Rule 1.6, and supervisory responsibility over non-lawyer assistants under Rule 5.3. The session also delves into breach notification duties, risk assessment methodologies, the role of tabletop exercises in preparedness, and the importance and limitations of cybersecurity insurance as a risk management tool. Participants will leave equipped to begin development and evaluation of their own cybersecurity programs, implement legally compliant controls, and avoid the legal, ethical, and financial repercussions of inadequate safeguards in a dynamic threat landscape.

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