This article was co-authored by Ethan Burger, an instructor with IWP’s Cyber Intelligence Initiative, where he teaches a seminar on The International Legal Constraints on Cyber Operations.
The relationship with outside counsel and fear of shareholder lawsuits tend to dissuade corporations from pursuing viable cybersecurity-related malpractice claims against their law firms. However, as global enterprises are increasingly harmed by cyberattacks against their outside counsel, they may become less likely to accept such losses as a cost of doing business.
As corporations globalize, so do law firms, which are asked to provide legal advice across multiple national jurisdictions. They must work with foreign colleagues they barely know, and whose level of cyber-awareness and sophistication may contribute to cyber-vulnerability. Despite their claims to the contrary, law firms, by and large, continue to organize their services by practice area and geography.