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(Photo: Credit: wutzkohphoto/Shutterstock.com) (Photo: Credit: wutzkohphoto/Shutterstock.com)
Todd McClelland of Jones Day (Courtesy photo) Todd McClelland of Jones Day (Courtesy photo)

Data breaches are pervasive in our society and show no signs of regressing.

U.S. federal and state lawmakers and agencies have responded to cyber threats by passing breach notification laws and promulgating rules dictating cybersecurity protections companies must have in place. The New York State Department of Financial Services, for example, released its Cybersecurity Requirements for Financial Services Companies that contain broad and prescriptive cybersecurity requirements.

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"Work on desired outcomes and required resources should always be scoped jointly by the lawyer and client. But there is one subtlety. When it comes to desired outcomes, the client defines and the lawyer considers whether to sign up, reposition expectations, or decline."

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