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Is Your Business Ready to Respond to a Cyber Attack?
Practical Considerations and Tactical Strategies |
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by Constance J. Yu, Sideman & Bancroft LLP |
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With hacking into business websites and security breaches in confidential corporate data on the rise, businesses have developed preventative measures against cyber attacks and become more proactive in recognizing, responding, and prosecuting cybercrimes. This article provides an overview of some practical considerations and tactical strategies in responding to a cyber attack on your business.
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California Dream Act Allows Illegal Immigrants Access to Education |
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by Sejal T. Friday, Gordon & Rees LLP |
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The California DREAM Act (Development, Relief and Education of Alien Minors Act) which was introduced in the U.S. Congress more than a decade ago is now enacted into law. The DREAM Act was brought forward by Gil Cedillo (D-Los Angeles), was introduced as two bills earlier this year: AB 130 was signed by Governor Jerry Brown on July 25, 2011 allows undocumented students to apply for non-state-funded scholarships. AB 131, which was signed by the governor on October 9, 2011, allows undocumented students to apply for public financial aid to attend California public colleges and universities. The Act will be implemented in January 2013.
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Business Development Series:
“Interpersonal Communication Skills: An Essential Part of Your Business Development Toolkit” |
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by Martha Sullivan, Thornton Marketing |
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You may be thinking that you are already an excellent communicator. Your profession requires you to pay attention to the nuances of every word so that you convey your ideas with precision. In my work with attorneys, I have found that most of you are, in fact, stellar communicators when it comes to the practice of law. However, when I’m asked to coach lawyers on business development, one of the main issues I deal with is interpersonal communications. This is a common issue for associates as much as for partners, and affects in-house counsel, as well.
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November/December 2011 |
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| November / December 2011 | |
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Is Your Business Ready to Respond to a Cyber Attack? |
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by Constance J. Yu, Sideman & Bancroft LLP |
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With hacking into business websites and security breaches in confidential corporate data on the rise, businesses have developed preventative measures against cyber attacks and become more proactive in recognizing, responding, and prosecuting cybercrimes. This article provides an overview of some practical considerations and tactical strategies in responding to a cyber attack on your business.
Congress has long recognized the devastating impact of computer crimes. The Computer Fraud and Abuse Act (CFAA) and its predecessor statute, is now twenty-seven years old.1 (The California statutory equivalent is California Comprehensive Computer Data Access and Fraud Act, Penal Code section 502, enacted in 1987.) While the CFAA is primarily a criminal law originally intended to address computer hacking and to address federal computer-related offenses involving computers of the federal government or certain financial institutions, the 1994 amendment enabled civil actions to brought under the statute as well2, if the violation causes loss or damage as defined in the CFAA (18 USC § 1030(G))3. The CFAA, in its current iteration, provides that, whoever intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains information from any protected computer shall be punished under the Act. The CFAA applies not only to persons who commit or attempt to commit an offense under the Act, but also to those who conspire to do so.
In civil actions, the CFAA can provide grounds for recovery of significant damages. Persons found to be civilly liable for a CFAA violation can be responsible for compensatory damages and injunctive or other equitable relief. Under the CFAA, “loss” includes response costs; damage assessments; restoration of data or programs; wages of employees for these tasks; lost sales from website; lost advertising revenue from website and other reasonable costs. However, loss does not include lost revenue resulting from the theft of proprietary information.4 In the early days of the CFAA, “exceeding authorization” could be shown by demonstrating that the user violated the “Terms of Use” found on most commercial websites. The law is in flux with respect to what a victim of a cyber attack needs to show in conjunction with a violation of the “Terms of Use” to seek criminal penalties.5
Practical Considerations and Tactical Strategies
Businesses that do not already have a cyber attack response plan, should consider the following:
- Develop a Response Plan. Businesses should create internal systems that first, recognize a breach, isolate and contain a cyber attack problem; and second, investigate, preserve evidence, and develop internal controls for preventing similar attacks in the future);
- Educate your employees. Best practices for businesses include coordination with employees, management, Chief Compliance Officer, IT, human resources, legal and business units. This coordination involves educating your employees about what constitutes a computer crime, and who to contact in the event they believe that a computer crime has occurred;
- Evaluate your enforcement options. Not every case is appropriate for criminal referral. Where appropriate, make criminal referrals, seek restitution, and pursue civil remedies under the CFAA when criminal enforcement is not warranted. There is also an Internet Crime Complaint Center (IC3) (formerly known as the Internet Fraud Complaint Center) which has an online form that you can fill out, and IC3 will refer the complaint to the appropriate law enforcement agency for investigation (www.ic3.gov); and,
- Develop relationships with law enforcement agencies.6 The Department of Justice and law enforcement agencies devote significant resources to building collaborative relationships with private industry representatives.7 Learn what steps a company or business should take to present the case information to the appropriate law enforcement agencies. In most cases, the law enforcement agency will be the local FBI office8 or the U.S. Secret Service.
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Constance Yu is a partner of Sideman & Bancroft LLP in San Francisco, California. Ms. Yu concentrates her practice on business tort issues including disputes over complex commercial transactions, banking practices, intellectual property rights, unfair competition, false advertising, and employment matters. She has handled a wide variety of other commercial disputes such trade secret litigation, disputes arising out of e-commerce businesses, defamation, professional liability, and RICO litigation. Ms. Yu also advises clients in criminal investigations involving corporations, former government officials and private individuals in financial and other business disputes. Her experience includes representation of individuals, institutions, and their officers and directors in white collar criminal matters in the United States and abroad.
cyu@sideman.com; 415-392-1960 |
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California Dream Act Allows Illegal Immigrants Access to Education |
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by Sejal T. Friday, Gordon & Rees LLP |
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The California DREAM Act (Development, Relief and Education of Alien Minors Act) which was introduced in the U.S. Congress more than a decade ago is now enacted into law. The DREAM Act was brought forward by Gil Cedillo (D-Los Angeles), was introduced as two bills earlier this year: AB 130 was signed by Governor Jerry Brown on July 25, 2011 allows undocumented students to apply for non-state-funded scholarships. AB 131, which was signed by the governor on October 9, 2011, allows undocumented students to apply for public financial aid to attend California public colleges and universities. The Act will be implemented in January 2013.
Beginning in 2013, illegal immigrants accepted by state universities may receive assistance from Cal-Grants, a public program that last year provided aid to more than 370,000 low-income students. The new law also makes students who are not legally in the country eligible for institutional grants while attending the University of California and California State University systems. And it permits them to obtain fee waivers in the community college system.
In order to benefit from the state-funded scholarships, undocumented students must meet the following requirements:
- Graduate from a California high school after attending school in California for at least three years;
- Affirm that they are in the process of applying to legalize their immigration status, or sign an affidavit stating that they will apply to legalize their status as soon as they are eligible to do so; and
- Demonstrate financial need and meet academic standards.
With over 2.5 million unauthorized residents, California is home to many more undocumented immigrants than any other state in the country. With undocumented immigrants making up 6.8% of the state’s overall population, California will undoubtedly have the largest number of potential DREAM Act beneficiaries in the U.S. The California Department of Finance estimates that 2,500 students will qualify for Cal Grants as a result of AB 131, at a cost of $14.5 million.
The Dream Act is not the first law that was enacted by the California legislature giving equal opportunities to undocumented students. The AB540 which was enacted in 2001 allows undocumented students to pay only the “in-state” tuition fees as the undocumented student attended a U.S. high school for more than three years. In 2001, California passed Assembly Bill 540 (A.B. 540), which allows undocumented students who meet certain criteria to pay in-state tuition rates at public colleges and universities. Students may currently benefit from A.B. 540 if they attend a California high school for at least three years; graduate from a California high school or equivalent; enroll in a California public college or university; and sign an affidavit stating that they have either filed, or plan to file when eligible, an application to legalize their immigration status.
AB 540 has been subject of a contested litigation in court and reached the U.S. Supreme Court. It was attacked as being discriminatory and favoring illegal immigrants over out-of-state residents who study higher education in California. On June 6, 2011, the U.S. Supreme Court declined to hear the challenge to this AB540 allowing the undocumented students to reap the benefit of reduced tuition. It is anticipated that The California DREAM act will face similar attacks and be subject to litigation. However, the California Dream Act is just one critical component of a larger solution to address the long-term plight of undocumented students. The question remains whether the California DREAM act is a step towards to providing United States citizenship to undocumented college students. |
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Sejal Friday is Senior Counsel at Gordon & Rees LLP in San Diego
sfriday@gordonrees.com; 619-696-6700 |
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Attorney Spotlight: Dorothy Alther |
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by Kristine H. Chen, Reed Smith LLP |
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Dorothy Alther has been advancing the rights of Native Americans for over 25 years. Currently, she is a Senior Staff Attorney in the Escondido office of California Indian Legal Services (CILS), and still acts as the Directing Attorney for the Bishop office of CILS. Last year, Dorothy was awarded the Pierce-Hickerman Award, a national recognition that honors outstanding contributions to the advancement or preservation of Native American rights.
Dorothy is a member of the Oglala Sioux Tribe, and was raised in the very small town of Martin, South Dakota, located between the Pine Ridge and Rosebud Sioux Indian Reservations. Dorothy’s family was close-knit, but also poor, and often moved between Indian housing and other low-income housing. As a child, she was also affected by the Indian Relocation Program, a federal program in place during the 1950s to 1970s that was designed to move Native Americans to the “cities” and assimilate them into urban society. Moving to Los Angeles under this program proved very difficult for Dorothy’s family; they were placed in three different low-income urban neighborhoods with little government support and eventually moved back to South Dakota a year later.
Growing up, Dorothy excelled in school, and in high school was accepted into Upward Bound, a federal program that assists low-income high school students to prepare for college. The program allowed Dorothy the opportunity to attend summer and pre-college classes at the University of South Dakota. Dorothy ultimately graduated from the University of South Dakota in three years with a degree in criminal justice. She was the first in her family to graduate college.
After graduation, and to escape the cold South Dakota weather, Dorothy decided to move to New Mexico. Dorothy had known for awhile that she wanted to attend law school to help minorities and low-income people. In New Mexico, Dorothy sought out, and eventually landed a job at the public defender’s office. Starting out as a volunteer who worked only a few hours a week, Dorothy continually advanced; by the time she left for law school a few years later, she was working directly on cases, helping clients and parolees get enrolled in drug and alcohol rehabilitation programs.
In 1982, Dorothy enrolled at Northeastern University School of Law, which turned out to be an invaluable experience for her. Northeastern law school’s curriculum includes a clinical program that allowed Dorothy to rotate through various public interest jobs during her second and third years of law school. Through this program, Dorothy gained exposure to different legal fields, including work at a legal aid office that served low-income elderly in Boston, the Native American Rights Fund in Boulder, a civil rights attorney’s office in Texas, and her future employer, the DNA-People’s Legal Services in New Mexico.
Upon graduation, Dorothy joined DNA, a non-profit organization that provides free legal aid to a largely Native American (Navajo) clientele. After just one year at DNA, Dorothy found herself as Managing Attorney, and supervising a team of eight people, including other attorneys, tribal court advocates, and staff members.
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Although Dorothy admits her time at DNA was very “challenging,” and her housing conditions were less than ideal (her first apartment was in a condemned Bureau of Indian Affairs building), she “learned everything” at that job. Carrying a large case load with high turnover, she was forced to take ownership and delve quickly into cases, which turned out to be the best way for her to learn.
During that time, Dorothy also met her husband, a fellow attorney. The couple decided to leave DNA and move California, where her husband is from. From the start, Dorothy was attracted to CILS, a legal aid program that provides free or low-cost legal representation to Native American individuals and tribes.
In 1989, Dorothy joined CILS. Since that time, she has been working at CILS, except when she left for a two-year position to serve as Tribal Attorney for the Suquamish Tribe in Washington State. Over the years, Dorothy has worked on a myriad of cases involving various area of Indian law such as: environmental law, housing law, cultural resource protection, Indian Child Welfare Act cases, tribal economic development, fee-to-trust applications, seeking recognition for unrecognized tribes, tribal court and law enforcement development, tribal ordinance development, land acquisition, and other civil and criminal tribal matters. She also currently serves as legal counsel for several Tribes and tribal entities.
Dorothy is recognized as a trailblazer in developing law enforcement programs for California tribes, which includes helping to establish and enhance tribal law enforcement departments, develop tribal court systems and draft tribal laws. She was also involved with getting the Intertribal Court of Southern California, one of the first programs of its type, off the ground. Dorothy considers the three “C”-- courts, codes and cops--, extremely important for Native Americans because Tribes cannot truly be sovereign without their own laws, enforcement mechanisms, and courts.
Dorothy is also a leading expert on Public Law 280. Passed in 1953, P.L. 280 transferred federal criminal and limited civil jurisdiction over to certain states, including California. The state and the tribe have concurrent criminal and civil jurisdiction in California Indian Country. The law was passed under the then federal Indian policy of termination and the Tribes were never consulted with nor were their consents requested before the jurisdictional transfer. In Dorothy’s opinion, P.L. 280 is often very “misunderstood” as to what it did and did not do, and she often provides trainings and presentations to educate on the topic.
Although some recent decisions handed down by the United States Supreme Court have been devastating for Native Americans (i.e., Carcieri v. Salazar, 555 U.S. 379 (2009); Plains Commerce Bank v. Long Family Land & Cattle Co., 552 U.S. 1293 (2008)), headway is still being made. For instance, last month, Dorothy along with other CILS team members, received a monumental decision from the Federal District Court of Southern California that found the Bureau of Indian Affairs cannot deny law enforcement funding to a tribe simply because the tribe is located in California, a P.L. 280 state. (See Los Coyotes Bank of Cahuilla & Cupeno Indians v. Salazar, Dkt. No. 43, Case No. 10cv1448 AJB (NLS) (S.D. Cal. Oct. 28, 2011)). And so Dorothy, who continues to find her work fascinating, interesting, and challenging, forges ahead. After all, she is doing exactly what she set out to do.
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Kristine H. Chen is an Associate at
Reed Smith LLP in San Francisco.
kchen@reedsmith.com, 415-543-8700
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“Interpersonal Communication Skills:
An Essential Part of Your Business Development Toolkit” |
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by Martha Sullivan, Thornton Marketing |
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You may be thinking that you are already an excellent communicator. Your profession requires you to pay attention to the nuances of every word so that you convey your ideas with precision. In my work with attorneys, I have found that most of you are, in fact, stellar communicators when it comes to the practice of law. However, when I’m asked to coach lawyers on business development, one of the main issues I deal with is interpersonal communications. This is a common issue for associates as much as for partners, and affects in-house counsel, as well.
Communication is More than Words
Given your profession, you probably focus on what you say, rather than how you say it.
You may be surprised to know that in verbal communications, when someone perceives a mismatch between your words and your body posture, the words you use only account for about 10% of the meaning of your communication (and possibly as low as 7%). This leaves at least 90% of the meaning to other factors. The largest part (60%) is based on
body posture, while the remaining 30% is based on the tonality, inflection and speed of your speech.
For those of you who make presentations to current clients, potential clients or associations, it will be even more distressing to realize that your audience will only remember about 25% of what you say. If you are like most presenters, the majority of your preparation time consists of carefully editing every PowerPoint slide so that the language expresses exactly what you want to communicate. I suggest that your preparation time should also include practicing your tone of voice and your intonation, particularly on slides that have complex or controversial information. Notice your body posture and whether you habitually display open or closed stances. All of these factors influence how your clients and colleagues perceive you.
Communicating to Connect
The neuroscience of connection is operating in any interaction. Our brains are wired to connect with other human beings. In a face to face meeting, your brain is constantly trying to find a connection with another person. What do you have in common? What interests do you share? No matter how insignificant you think these interests or connections are, every conversation creates neural pathways in your brain.
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The more connections you make, the more pathways you have. The more often you talk to another person, the more your brains are wired together. That level of familiarity creates trust. And trust is an important factor when a client is considering hiring you.
If your intention is to make stronger connections with anyone in your network, a certain amount of self-disclosure is required in conversations. Perhaps you consider it “small talk” to mention your interests outside of work, but talking about your children, dogs, favorite books, favorite travel locations, and other topics allows you to find the points of connection that will create neural pathways.
Before you attend your next networking event, I suggest that you create an introduction that includes something personal. After you deliver your introduction, ask about the other person’s interests. You may be surprised at how many things you have in common. I suspect that you will be conscious of the words you use in your introduction, but I also encourage you to pay attention to your body posture as you engage in conversation, and notice your way of speaking. The way you present yourself at an initial meeting can set the stage for a long-term relationship.
Ongoing Conversations
While self-disclosure is important in a first conversation, a certain amount of openness is required for the continued development of a relationship. It may be helpful to consider the following: |
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“Small talk” is an essential part of networking. |
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Networking creates opportunities to develop relationships. |
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Interpersonal communications are essential for developing and maintaining relationships. |
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Relationships are the key to successful business development. |
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CMCP and Allen Matkins Host Special Screening of Documentary Film
"Cruz Reynoso: Sowing the Seeds of Justice" |
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| In November CMCP and Allen Matkins hosted a special screening of the documentary film Cruz Reynoso: Sowing the Seeds of Justice at the L.A. Live Regal Cinemas in downtown Los Angeles. Justice Reynoso and film maker Abby Ginzberg joined members of the legal and business communities, law students from For People of Color's Pipeline Program, and high school students from Roosevelt High School and the Ketchum-Downtown YMCA to view this film documenting the life and achievements of Cruz Reynoso: the child, the lawyer, the judge and the teacher who fought for over five decades to eradicate discrimination and inequality. The screening was preceded by a reception for the lawyers and law students at which Justice Reynoso graciously met and spent time with every attendee. Justice Reynoso’s stories and reflections, and his unwavering commitment to equality, left a lasting impression on everyone who attended -- from high school student to seasoned attorney. |
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After the screening, Justice Reynoso and Abby Ginzberg held a Q&A session at which high school students from East L.A. asked a wide range of questions about Justice Reynoso's life, his views on current issues and the making of the film.
Watch the Video
See more photos |
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Happy Hour Mixer |
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Monday, January 23, 2012 • 5:30 - 8:00pm |
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5A5
244 Jackson Street (at Battery)
San Francisco, CA 94111 |
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No Cost
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Toast the New Year with CMCP's Board!
Join the California Minority Counsel Program's Board of Directors & Staff at 5A5 for CMCP's first happy hour networking event of 2012!
Come toast the New Year in a relaxed and informal setting.
Appetizers will be provided!
This event is sponsored by:
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Symposium on Effective Lawyering
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| Learn About Employer Tools for Predicting Lawyer Effectiveness |
| The State Bar of California Council on Access & Fairness |
| Invitation to participate in focus groups to learn about the Shultz-Zedeck “effective lawyering” research and tools (originally created for use in law school admissions programs) and to discuss ways that the tools can be applied in the employment setting. We have completed our focus groups in San Francisco, Silicon Valley and Los Angeles and would like to share our findings and discuss further applications of the effective lawyering tools to benefit your office recruitment, hiring, and attorney retention, promotion and professional development. |
Date: January 24, 2012
Time: 4:00 - 6:00 PM
Location: The State Bar of California, 1149 South Hill St., 7th Floor, Los Angeles |
| Click Here for Invitation and More Details. |
Please email your RSVP by January 17, 2012 to goodlawyering@calbar.ca.gov
If you have questions or need more information, please contact Patricia Lee at 415-538-2240 or patricia.lee@calbar.ca.gov. |
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Pacific Gas and Electric Company Seeks Applicants
For Its 2012 Summer Internship Diversity Pipeline Program |
We thrive on diversity at Pacific Gas and Electric Company and strive to cultivate a workplace where inclusion, acceptance and mutual respect are standard. We are also committed to increasing the diversity of attorneys practicing energy law. With this commitment in mind, in 2007 PG&E’s Law Department established its Diversity Pipeline Program. This program provides law students with an opportunity to experience PG&E’s multifaceted legal practice, interact with attorneys from various law firms, and network with former Diversity Pipeline Program interns.
For More Details and Application Information - Click Here |
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Job Announcement: Transactional Attorney
Microsoft Legal & Corporate Affairs, Bellevue, WA
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Microsoft’s Legal & Corporate Affairs (LCA) division has an immediate opening for an experienced transactional attorney to join the LCA North America Sales Group, which is part of the LCA Worldwide Sales Group. This position is based in Bellevue, Washington.
The attorney will help support the US Consumer Channels Group (CCG), as well as the US and worldwide (WW) Marketing and Operations (M&O) organizations. If you are interested in the “Consumerization of IT” with a broad practice covering marketing, sales, distribution, readiness, operations, compliance, and competition work, on both the programmatic and transactional fronts for all Microsoft products and services, this could be a great fit for you!
View full job details and apply - Click Here |
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Job Announcement: 2012 Diversity Fellow
Summer 2012 Diversity Fellowship Program
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Fox Group Legal (“FGL”), Alston & Bird, Greenberg Traurig, Hogan Lovells, and Kirkland & Ellis are seeking a total of four Fellows for their Summer 2012 Diversity Fellowship Program. Eligible candidates must be currently enrolled as first year students at an accredited law school, with a focus on candidates from Southern California law schools.
During this 10-week program, the Fellows will spend five weeks at one of the participating law firms and five weeks at FGL. Fellows will be exposed to a variety of work assignments from different practice areas, including intellectual property, employment law and general litigation. At the firms, the Fellows will also be exposed to corporate transactional matters. The Fellows will be paid a weekly stipend of no\ less than $1,500 for the10-week duration of the Fellowship. The program will advance the selected candidates’ professional development by enabling the formation of collegial and mentoring relationships and allowing the Fellows an early view into work in-house at an entertainment company and as outside counsel at a major law firm.
To apply, candidates should submit a single .pdf file titled with the candidate’s name (last name then first name) containing a resume, cover letter, undergraduate transcript, all available law school grades or transcripts, and the contact information for one law school faculty member as a reference. In the cover letter, applicants should describe their experience with and commitment to diversity (including but not limited to diversity in the context of race, ethnicity, national origin, gender, sexual orientation and identity, religion and disability), and in particular, describe how their career will enhance diversity in the legal profession. Cover letters should be no more than 500 words. The cover letter should also indicate whether the candidate seeks consideration for a position at all or only some of the law firms. The deadline to apply is January 20, 2012. Applications should be directed via e-mail to FGLFellowship@fox.com with the subject line “Diversity Fellowship Application.” |
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December 17, 2011
5:30pm - 9:30pm
Annual Holiday Party
San Diego La Raza Lawyers Association.
San Diego.
read more & RSVP |
December 21, 2011
12:30pm - 1:30pm
Monthly Lunch
South Asian Bar Association of Northern California.
Mountain View.
RSVP |
December 21, 2011
12:00pm - 1:00pm
Membership Meeting
La Raza Lawyers of Santa Clara County.
San Jose.
read more
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December 21, 2011
6:00pm
2011 Holiday Party
Orange County Korean American Bar Association.
Tustin, CA.
read more |
January 9, 2012
12:00pm
Lunch & Lounge @ the Bar
Beverly Hills Bar Association.
Beverly Hills.
read more |
January 11, 2012
12:00pm - 1:30pm
Cross-Cultural Issues within the Practice of Law
Bar Assoc. of San Francisco, Int'l Human Rights Section.
San Francisco.
read more |
January 12, 2012
6:00pm - 10:30pm
Board Installation Dinner & Distinguished Service Awards
Alameda County Bar Association.
Oakland.
read more |
January 20, 2012
6:30pm - 8:30pm
Networking Reception
Black Women Lawyers of Los Angeles and California Women Lawyers.
Location TBD.
read more |
January 26, 2012
11:00am
25th Annual Dr. Martin Luther King, Jr. Awards Luncheon
Lawyers' Committee for Civil Rights of the SF Bay Area.
San Francisco.
read more |
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© Copyright 2011 California Minority Counsel Program
465 California Street, Suite 635
San Francisco, CA 94104
Tel: 415-782-8990 • Email: newsletter@cmcp.org • Web: http://www.cmcp.org
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