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5 Wake Forest L. Rev. Online 1 (2015)

handle is hein.journals/wflron5 and id is 1 raw text is: THE CYBER THREAT: CLIENTS' INCREASING DEMAND FOR SECURITY AND WHAT IT MEANS FOR LAWYERS Ellen Murphy* POSTED Lawyers, you are hereby on notice: cyber threats are real; the legal profession is not exempt (and is, in fact, a direct target). Your duty to protect client confidential information is harder to satisfy than ever before. INTRODUCTION: THE THREAT Cyber threats may be the hottest news story no one is actually paying attention to, save the handful of executives and communications teams who must shift to crisis mode, as well as the victim whose privacy has been comprised. Highly public breaches at Target,1 Home Depot2, JP Morgan, Affinity Gaming, Albertsons, UPS, Goodwill, Sony, and White Lodging (a hotel franchise management company serving Hilton, Marriott, Westin and Sheraton)3 all suggest a growing trend of massive data-sweep attempts across industries. An early February 2015 breach at Anthem, the second largest health insurer in the United States,4 impacted 80 million clients and revealed a treasure trove of personally identifiable information, including perhaps the most personal of all: social security numbers and birthdates.5 Initial reports indicate that the breach may be the * Adjunct Professor of Law, Wake Forest University School of Law. 1. Michael Riley et al., Missed Alarms and 40 Million Stolen Credit Card Numbers: How Target Blew It, BLOOMBERG Bus. (Mar. 13, 2014), httD ://wwwbloomber com/bw/articles/2014-03-13/target-missed-alarm s-m-epic- hack-of-credit-card-data. 2. The Home Depot Reports Findings in Payment Data Breach Investigation, THE HOME DEPOT (Nov. 6, 2014), hugs://corooratehomedepot.com/ MediaCenter/Documents/Press%20Release.pdf. 3. Bill Hardekopf, The Big Data Breaches of 2014, FORBES (Jan. 13, 2015, 7:06 PM), http://www.forbes.com/sites/moneybuilder/2015/01/13/the-big-data- breaches-of-2014/. 4. Anna Wilde Mathews & Danny Yadron, Health Insurer Anthem Hit by Hackers, WALL ST. J. (Feb. 4, 2015, 9:39 PM), http://www.wsi.com/articles/health- insurer-anthem-hit-by-hackers-1423103720. 5. Id. 1

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