Shifting Norms in Data Security Incident Response

Kirk Nahra, Shannon Togawa Mercer, Heidi Wachs

Data security incidents are steadily increasing in scale and breadth. Pervasive data sharing, interconnected supply chains, and large-scale vendors (some servicing thousands of customers), makes it easier for any single breach to impact multiple parties (e.g., supply chain attacks or vendor breaches). These breaches bring to light inherent tensions between existing regulatory requirements, such as those found in state data breach notification laws, and the practical challenges of complying with those requirements. Using recent prominent personal data incidents as case studies, we will walk through the new challenges faced by companies involved in a multi-party data breach, whether they are suppliers, subcontractors, vendors, or the customers who entrust them with their data. 

Kirk Nahra, Partner, WilmerHale

Shannon Togawa Mercer, Senior Associate, WilmerHale

Heidi Wachs, Managing Director, Aon Cybersecurity Solutions 

Reading Materials:

• 2023 Cyber Resilience Report
• Cyber Attacks on Supply Chains Are Causing a Widespread Impact