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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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"Nothing gets the hungry lawyer s juices flowing like a big new project, but the temptation to dive in and start lawyering must be resisted. Planning comes before execution. And it is incumbent on the lawyer, not the client, to initiate that planning."

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