"As any business executive whose organization has been victimized by cyber wrongdoers knows, suffering from a cyber-attack of any significance can be frustrating at best, and devastating at worst," write Joseph V. DeMarco and Alexis Tandeau, partner and foreign legal intern, respectively, at DeVore & DeMarco LLP. "Tempting as it may be, however, under current law, 'hacking back' can cause substantial legal harm as well as reputational backlash when done without carrying out an extremely careful factual and legal analysis of the proposed activity."
Risk management has been part of corporate policies and procedures for years. Natural disasters, supplier failures, changes in tax law, exchange rate fluctuations and legal and regulatory proceedings are among the most common risks businesses must address.
In today's marketplace the pressure to produce more with less - year over year - creates a bias towards practical, no frills, bottom line conscious workers. Most of the time this is exactly what is needed, particularly where services or goods are reasonably standardized.
Public companies are required to disclose risks to their business. Responding to Congressional pressure in 2011, the SEC highlighted cyber incidents as a category for future reporting....