31 Mar 2016

Cyber security practices take shape in WNY law firms

 More law firms are attempting to provide counsel to companies that want to avoid cyber attacks, as well as put in place a proper response if it does happen.
These firms realize that, for their clients, it could mean the difference between staying afloat and going out of business, said McCartney, the company’s president and CEO who’s a former government worker and member of the law enforcement community.

Digits, which recently merged with Avalon Document Services, has been working with and educating law firms how to set up cyber security practices. Together they provide joint services — with technical and legal aid — to clients throughout various industries.
“A lot of these issues are legal,” McCartney said. “At the end of the day, the decision to have to notify and disclose what happened to you is a legal decision. Businesses are having to execute those disclosures and notifications across multiple states and to different government agencies, while trying to manage the reputation and brand harm.”
After a breach, companies typically will have to hire a law firm to determine notification and disclosure procedures, as well as hire a forensic investigator, such as Digits. McCartney said he works with law firms to determine how the hacker entered the network and where they went from there, what information was taken and what states were affected.
In addition to absorbing those costs, fines and penalties can be hefty for entities that did not have the correct policies and protocols in place to comply with state business laws, he added.
In New York state, a business must not only notify employees and customers of a breach, but also three government agencies — the Attorney General’s Office, Homeland Security and the state Consumer Frauds and Protection Bureau. All three will open investigations.
Yet, owners of small and mid-size businesses have almost become immune to all they’ve heard about hackers, believing that because they’re not a company such as Sony or a national retailer, they’re not a target, according to McCartney.
However, hackers will seek everything they can get their hands on, he said. They are looking for an entity’s business process, competitive intelligence and employee data.
“The problem, from a small to mid-size company perspective, is that they have very little defense against this stuff. If you think about the big companies, those are companies spending significant dollars on their information technology and security, and they are still getting breached. So, small to mid-size companies really need to look at this and make an investment to protect themselves.”
According to studies, 60 percent of small to mid-size companies that get breached will be out of business within six months, because they are unable to recover from the financial consequences of a response.
McCartney added: “If a company had to write all of these checks to respond to one of these things, if you’re a small to mid-size company and don’t have a lot of profit on the bottom line, it could put you out of business quick.”
MVP Network Consulting LLC is a Buffalo-based IT services company that’s been in business for 14 years. It specializes in helping small to medium-sized companies help avoid cyber breaches by providing network security, help desk support, backup disaster recovery and CIO services.
Many of its clients come to the IT service provider when they’ve outgrown their system and need an upgrade, according to Kevin Kirby, the company’s vice president of sales. They may be starting a business or looking for additional security, he added.
“We’re getting a lot of mobile device management questions, how to make sure their systems won’t get breached and how to make sure they can access all of their data and have 100 percent up time on their system so that they can work more efficiently,” Kirby said.
There isn’t one solution for all clients’ needs because every business and network is unique, Kirby pointed out. MVP Network Consulting can do anything from securing email to creating a back-up disaster solution to keep a server running, he said.
“We come in and look at your business’ processes and how you work and try to create a unique solution around your environment using our own best practices and what we’ve learned through our experience,” Kirby said.
Law and CPA firms at risk
Law firms and CPA firms have not been immune to cyber attacks, according to McCartney. It makes sense for hackers to attack these entities because of the amount of key client data that is in one spot.
“If a hacker can compromise one law firm or CPA firm they have access to the really important information of hundreds of clients, as opposed to having to go to each one of those clients and hack them individually to get their stuff,” he said.
Law firms can be an easier target because some are behind on their security measures, Kirby said. They may not have the same technologies and safety measures in place, such as monitoring software for their network or an alert system, as other industries.
Kirby said his company works with more than 20 law firms, as well as having a significant amount of clients in the healthcare system.
“By nature, law firms are easier to hack than other practices that would have more stringent standards and compliance regulations like HIPAA,” Kirby said.
The month before the annual tax filing deadline is also a busy time for Digits, McCartney said. Tax refund fraud is about a $30 billion per year issue and nearly $6 billion worth of fraudulent refunds are issued every year.
Hackers are attacking every company they can to access their human resources database and employee’s W-2s to file fraudulent tax forms, according to McCartney. Every March, he said his company handles several major tax-season related cases.
Cyber crime evolves
Cyber attacks have evolved to become even more strategic, according to McCartney. They impact all industries, from construction to retail to county and local governments. Attackers can be anyone from a computer-savvy youth to nation-sponsored activity in an effort to wage war against the U.S. infrastructure.
According to McCartney, the biggest challenge in the effort to stop this activity is that it takes a very limited investment to get into the business of hacking. He said hackers from all over the world can learn and perfect their craft while in pajamas at home.
“The risk of apprehension is almost zero and the take and reward is so high that there are so many people doing it,” he said. “We’re not catching them. It’s very few and far between. There are more of these hackers than there are the people with the white hats trying to defend against them.”
Hackers have become smarter and use more robust tools, as well, Kirby said. Before they would be able to create software that would attack a thousand computers; now it’s a couple thousand computers in a few seconds. In addition to trying to attain credit card and personal information, they also steal the hard drive space on a server and use its bandwidth, which is what a lot of companies don’t realize is occurring, according to Kirby. They’ll implant their cookies into a server so they can send out emails and spam from its IP address.
Proactive approach taken
McCartney advises companies, such as law firms, to consult with professionals in the business who can place security around the perimeter of their computer network.
The average time before a company finds out that it has been breached is 292 days, almost 10 months, according to McCartney. He calls it the “detection deficit.”
“We’re looking to move that detection deficit from 292 days down to 292 seconds, because now someone is watching the windows and doors,” he said. “If doors and windows are getting kicked in all the time and nobody is watching or calling anybody or addressing it, bad guys can steal a whole lot of data in 292 days.”
McCartney said Digits has bolstered its cyber security offerings over the past few years, adding that the partnership with Avalon’s project management and technical team helped create the infrastructure necessary to do so. He said the company is developing services on the front end to help avoid hacks and monitor cyber security.
Using what Kirby called intrusion prevention services, MVP Network Consulting is also attempting to be more proactive for clients from a monitoring standpoint and with installing automatic updates for a company’s computers. Some companies haven’t had any security updates on their PCs for years, he added. Also helping to prevent cyber attacks, according to Kirby, is offering software that connects a company’s computers to the network of MVP Network Consulting.
“A trusted IT provider can help facilitate a preventive approach,” he said. “So if someone was trying to hack your network, you would be getting alerts and certain things would be blocked and there should be reports of what was happening and what kind of threats came into your network.”
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