Posts

NewsOK Q&A: Data security, cyber threats are everyone’s concern

From NewsOK / by Paula Burkes
Published: September 20, 2017
Click to see full story – Data security, cyber threats are everyone’s concern

Click to see Fred Leibrock’s attorney profile

Fred A. Leibrock is an experienced trial lawyer who has tried dozens of jury trials and has served as lead counsel in a number of significant cases involving complex, multi-jurisdiction issues.

Q: With the recent breach of Equifax, it seems that vulnerability to identity fraud is everywhere. Are there measures I can take on behalf of my company and employees to minimize risk?

A: Act now and seek professional technical assistance. Hire the right technical person or firm to help you test your systems, assess your vulnerabilities and implement your protection and recovery plans. The question isn’t whether someone will try to steal your data, but when. You need to be ready.

Q: From a legal standpoint, if my company’s data is breached, can my company be held liable for harm to employees or customers whose information may have been compromised?

A: Yes. Although this is a rapidly emerging area of the law, as a general rule an entity that is negligent in safeguarding confidential customer or employee data can be held liable as a result of a breach, or as a result of disregarding legal notice requirements after the breach. The principal question on the issue of liability is whether the entity took reasonable steps before the breach to protect the data, and after the breach to protect and notify the customers or employees. What’s reasonable is a moving target that must be determined on a case-by-case basis. However, there are few legitimate excuses in this day and age for a company to not take significant affirmative steps to safeguard electronic data.

Q: What are some of the bigger mistakes that companies make when it comes to protecting their data?

A: According to the Federal Trade Commission, the principal unreasonable practices that result in data breaches include weak password policies, lack of encryption, broad dissemination of administrative passwords, and lack of security between systems with sensitive data and other computers inside and outside the network.

Q: What measures can I take to protect my company from a data breach?

A: Engage in advance planning. To reduce the risks of a data breach, follow the recommendations of the National Institute for Standards & Technology by planning ahead of a breach to: identify the components of your systems and their vulnerabilities; protect the components from penetration; detect latent threats that may have already penetrated your systems; respond to a breach and recover from a breach. Also, train your employees to be alert to cybersecurity risks.

Q: It seems like all businesses rely on digital data transfer, whether it’s using file transfer services or sending sensitive documents through email. How do I continue to take advantage of these conveniences and still secure my information?

A: Avoid unnecessary risks. There are a million affordable products on the market that allow you to encrypt stored data and data in transmission. Use them and be willing to pay for data protection. If you must transmit sensitive data over an unsecure network, at a minimum encrypt it with a strong password before transmitting it.

Four Phillips Murrah attorneys chosen as Lawyers of the Year

Phillips Murrah is proud to announce that four of our Directors have been named Lawyers of the Year on The Best Lawyers in America© 2018 list in Oklahoma City.

2018 Lawyers of the Year

Sally A. Hasenfratz – Construction Law

Fred A. Leibrock – Litigation – ERISA

J. Mark Lovelace – Business Organizations (including LLCs and Partnerships)

Jim A. Roth – Government Relations Practice

The Lawyers of the Year join 33 other Phillips Murrah attorneys who were named to the 2018 Best Lawyers list.

Learn more about the Firm’s accolades on the Firm and Attorney Recognition page.

Phillips Murrah Attorneys talk tech at the Firm’s AM@PM Breakfast Forum

From left: Phillips Murrah Attorneys Fred A. Leibrock, Cody J. Cooper, Kathryn D. Terry and Byrona J. Maule

On Tuesday, Aug. 22, Phillips Murrah hosted a technology-related panel discussion called “Real Risks in the Virtual World,” as a part of their AM@PM Breakfast Forum series.

  • The panel was moderated by Director Juston R. Givens.
  • Director and Phillips Murrah CIO Fred A. Leibrock discussed data security and breach avoidance practices.
  • Director Kathryn D. Terry offered real-world, rapid-response lessons from having represented a client that fell victim to a large-scale phishing scam.
  • Patent Attorney Cody J. Cooper discussed data mapping and preservation considerations related to litigation holds.
  • Director Byrona J. Maule outlined risks and benefits for employers related to “bring your own device” policies.

The well-attended panel discussion event was held at Vast on the 50th floor of the Devon Tower.

For more information about AM@PM Breakfast Forum, go to phillipsmurrah.com/AM-at-PM.

 

 

Phillips Murrah announces 37 attorneys named to 2018 Best Lawyers list

Phillips Murrah is proud to announce that 37 of our attorneys have been named to The Best Lawyers in America© 2018 list in Oklahoma City.

The Best Lawyers in America 2018

Jennifer Ivester Berry – Commercial Transactions / UCC Law; Real Estate Law

Douglas A. Branch – Securities / Capital Markets Law; Venture Capital Law

Elizabeth K. Brown – Litigation – Trusts and Estates; Litigation and Controversy – Tax; Tax Law; Trusts and Estates

Michael D. Carter – Workers’ Compensation Law – Employers

Rodney L. Cook – Insurance Law

Bobby Dolatabadi – Corporate Law; Mergers and Acquisitions Law

Jason A. Dunn – Commercial Litigation

Joshua L. Edwards – Real Estate Law

Marc Edwards – Administrative / Regulatory Law; Commercial Litigation; Government Relations Practice

Nicholle Jones Edwards – Family Law

Shannon K. Emmons – Commercial Litigation; Employment Law – Management; Employment Law – Individuals

Juston R. Givens – Commercial Litigation

Sally A. Hasenfratz – Commercial Transactions / UCC Law; Construction Law; Land Use and Zoning Law; Real Estate Law

Terry L. Hawkins – Public Finance Law

Heather L. Hintz – Commercial Litigation

Timothy D. Kline – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law; Commercial Transactions / UCC Law; Litigation – Bankruptcy

Fred A. Leibrock – Commercial Litigation; Insurance Law; Litigation – Antitrust; Litigation – ERISA; Litigation – Real Estate

Candace Williams Lisle – Commercial Litigation

Mark Lovelace – Banking and Finance Law; Business Organizations (including LLCs and Partnerships); Commercial Transactions / UCC Law

Melvin R. McVay, Jr. – Banking and Finance Law; Commercial Litigation; Litigation – Banking and Finance; Litigation – Bankruptcy; Litigation – Real Estate

Andrew S. Mildren – Administrative / Regulatory Law; Government Relations Practice

Jennifer L. Miller – Commercial Litigation

Cindy H. Murray – Real Estate Law

Robert O. O’Bannon – Business Organizations (including LLCs and Partnerships); Tax Law

Martin G. Ozinga – Commercial Litigation

Donald A. Pape – Banking and Finance Law

Michael R. Perri – Commercial Litigation; Energy Law; Natural Resources Law; Oil and Gas Law

William S. Price – Government Relations Practice

Dawn M. Rahme – Commercial Transactions / UCC Law; Litigation and Controversy – Tax; Tax Law; Trusts and Estates

Mary Holloway Richard – Health Care Law

Jim A. Roth – Energy Law; Energy Regulatory Law; Environmental Law; Government Relations Practice; Natural Resources Law

G. Calvin Sharpe – Medical Malpractice Law – Defendants; Personal Injury Litigation – Defendants

Robert N. Sheets – Commercial Litigation; Litigation – Land Use and Zoning; Litigation – Real Estate

Ellen K. Spiropoulos – Corporate Law

Lyndon W. Whitmire – Commercial Litigation; Product Liability Litigation – Defendants

Thomas G. Wolfe – Bet-the-Company Litigation; Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation – Defendants

Raymond E. Zschiesche – Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation – Defendants

Two Phillips Murrah Directors given Super Lawyers top honors

Fred A. Leibrock and Shannon K. Emmons

Fred A. Leibrock and Shannon K. Emmons

We are proud to announce Directors Fred A. Leibrock and Shannon K. Emmons were selected for top honors in the 2016 Oklahoma Super Lawyers listing.

Leibrock is named to the Top 50 attorneys in the state, and Emmons is selected as one of the Top 25 Women in the 2016 Oklahoma Super Lawyers rankings.

Click here to see the other Phillips Murrah attorneys named as Super Lawyers this year.

Phillips Murrah sponsors Oklahoma Lawyers for Children Tennis Tournament

OLFC-Logo-Main-680x363Phillips Murrah is sponsoring this weekend’s Oklahoma Lawyers for Children David A. Kline Tennis Tournament, continuing a tradition of supporting the organization and honoring the father of one of the Firm’s Directors.

“Tsinena Bruno-Thompson is one of my very favorite people, and she has done a tremendous job as President/CEO of the Oklahoma Lawyers for Children generally and, specifically, with regard to their annual tennis tournaments,” Director Timothy D. Kline said. “My father, David A. Kline, was also exceedingly fond of Tsinena, and our family is very appreciative that his name has been associated with the OLFC’s tennis tournaments.  Additionally, we appreciate Phillips Murrah’s sponsorship of the children’s tournament for the benefit of young people in our community.”

The Firm’s attorneys have a history of representing children in the organization.

“My representation of many children over the years has been one of the most rewarding aspects of my career,” Director Fred A. Leibrock said. “I believe that I have made a significant difference in many children’s lives, especially those who at the end of their case were adopted by loving families.

“The juvenile justice system is replete of many good and hardworking people.  However, they are overworked and as a result the system can be stacked against the kids.  Lawyers for Children provides volunteer lawyers with a great opportunity to level the playing field by providing an advocate’s voice to a child who really needs that voice.  So much of what we do in the practice of law is mundane, but nothing I have ever done in a Lawyers for Children case has been ordinary or routine.”

The reward for attorneys helping Oklahoma Lawyers for Children can come with its own personal reward.

PM attorney Rodney L. Cook to speak at Juvenile Justice Center

“I enjoyed the experience of helping children who needed representation in a difficult situation,” Attorney Rodney L. Cook said. “It was a privilege to use my legal skills to assist these children.  My representation of these juvenile clients allowed me to get to know them and their situations.  I was glad to be able to make their lives better by simply giving my time to help them get to a better family environment.”

Cook was given the opportunity to present at a seminar Oklahoma Lawyers for Children will hold on Aug. 16 at the Juvenile Justice Center

“I have been asked to discuss how to most favorably present clients at trial who have deficiencies,” Cook said. “Usually children are in the DHS/Court/Foster Children program because their parents have abused them or neglected them.  If the parents refuse to relinquish their parental rights, a trial occurs where the state seeks to terminate their rights.

“Public Defenders and contract lawyers are appointed or retained to defend the parents and represent them at trial.  These lawyers have a difficult time presenting their clients in the most favorable light as possible considering the parents’ many deficiencies.  I have been asked to talk to these lawyers about how I prepare and present my civil defense clients for trial testimony who have problems with their testimony, company documents or other deficiencies.  Perhaps some of the procedures and tactics that I employ in my preparation of such witnesses can help these attorneys in the preparation of their parent clients. ”

Cook will present on Tuesday at 9:30 AM at Judge Lisa T. Davis’ courtroom at the Juvenile Justice Center in Oklahoma City.


Video via www.olfc.org