It comes as no surprise that the coordination of crisis management is a hot topic for in-house counsel. Crises are the ‘new normal’ given the tenuous economic climate, a commercial marketplace that knows no geographic boundaries, and a business environment governed by increasingly complex legal and regulatory imperatives. When facing a crisis, particularly one involving a data breach, a well-coordinated response is a company’s best insurance policy. Such a response is as much about managing executives as it is about managing exposure.

The Who’s on First Fiasco

The successive financial scandals from Enron through the Great Recession have resulted in tidal waves of regulation from Sarbanes-Oxley through Dodd-Frank. Overlaying and amplifying these compliance challenges have been accelerating globalization and technological change, which have spurred further regulatory complications and new legal risks.