Ride the Lightning

Cybersecurity and Future of Law Practice Blog
by Sharon D. Nelson Esq., President of Sensei Enterprises, Inc.

Did King & Spalding Suffer a Data Breach?

May 23, 2011

In the recent HBGary data breach, tens of thousands of HBGary e-mails were leaked by Anonymous and are posted online. When the incident happened, I noted that several press reports referenced a possible data breach at King & Spaulding, but there didn’t seem to be further information – and King & Spalding refused to comment.

Since I’m giving a presentation to the Organization of Legal Professionals tomorrow, I began thinking about this when preparing my PowerPoint. I intrigued colleague and friend Dave Ries who pointed me to this e-mail which appears to be an internal HBGary e-mail (this is a screen capture – the full e-mail may be found here):

King & Spaulding

Note that there appears, at the very least, to be an “incident” and that 30-40 systems are “identified as compromised.”

So why the cone of silence? To avoid clients worrying that their data might have been compromised – or might be in the future? Has anyone investigated whether client data was compromised and whether King & Spalding might be under both an ethical obligation and a legal obligation to notify clients? Did King & Spaulding provide any notice?

I can only ask the questions, but it sure seems like an enterprising member of the Fourth Estate might want to investigate this further. Feel free to pass this on.

I know from other friends in the infosec business that most law firms they’ve dealt with are rabid in their desire to keep their names from being affiliated with a data breach. My own concern is that this attitude might result in failure to abide by ethical or legal duties. I am absolutely not saying that this happened here, but the failure to comment has got to lead folks to wonder.

If anyone hears anything further regarding this “incident,” let me know.

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