“General counsel have a dirty little secret,” begins this tantalizing piece on Law360. “Sometimes their companies receive extortion demands, and occasionally the organization gives in.” So what’s a GC to do? As with most tough calls, there is no clearly defined roadmap.
“General counsel have a dirty little secret,” begins this tantalizing piece on Law360. “Sometimes their companies receive extortion demands, and occasionally the organization gives in.” So what’s a GC to do? As with most tough calls, there is no clearly defined roadmap. "It really comes down to a business decision," says Kevin Scott, litigation counsel in the Chicago office of Bryan Cave Leighton Paisner. "If your business can fail due to, say, a ransomware threat, that is a considerable consequence. Or if health data is involved, then patient health and lives may be at risk." One thing GCs can do, however, is call on smart forensic expertise to evaluate the situation and determine how credible the “threat actor” is. But be sure to pick a law firm first and let the firm hire the forensics talent, which preserves attorney-client privilege concerning the matter.
Published September 29, 2020.
