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Five Questions General Counsels Should Ask about Vulnerability Disclosure

By David A. Simon & Joel Silverstein on October 24, 2017
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As businesses continue to leverage complex systems, managing the vulnerabilities inherent in such operations will become an increasingly important task. Vulnerabilities are the weaknesses in software code and network systems that render information and products susceptible to exploitation by malicious actors. As recent headlines attest, the consequences of such exploitation can be significant. Vulnerability management and the specific topic of vulnerability disclosure have thus become C-suite issues. Vulnerability disclosure is an essential aspect of how companies are managing the risks that vulnerabilities can pose. This article highlights five key questions that general counsels should consider as they evaluate whether vulnerability disclosure should serve as part of their holistic response to cybersecurity threats.

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Photo of David A. Simon David A. Simon

David Simon is a partner in Mayer Brown’s Washington DC office and a leading member of the global Cybersecurity & Data Privacy practice. He is also a member of the firm’s National Security and Government Contracts practices. A former special counsel at the…

David Simon is a partner in Mayer Brown’s Washington DC office and a leading member of the global Cybersecurity & Data Privacy practice. He is also a member of the firm’s National Security and Government Contracts practices. A former special counsel at the US Department of Defense (DoD) and chief cyber counsel to the US Cyberspace Solarium Commission, David has deep experience advising victims of ransomware attacks and state-sponsored cyber activity. Named as a Cybersecurity Trailblazer by The National Law Journal, David has also been named to Cybersecurity Docket’s “Incident Response 40,” a collection of 40 of the “best and brightest” incident response attorneys in the country. David regularly supports clients as the lead investigator and crisis manager for cross-border cyber incidents, including data breaches involving personal data, nation-state threats targeting intellectual property, state-sponsored theft of sensitive U.S. government information, and destructive attacks. David has directed and advised on dozens of complex cyber incident and data breach investigations in the last few years alone. He has counseled companies on major cyber incidents and incident preparedness across virtually every sector of the economy. David represents financial institutions, automotive manufacturers and self-driving car companies, tech companies, telecommunications companies, healthcare companies, insurance companies, defense and aerospace companies, private equity firms and their portfolio companies.

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  • Posted in:
    Privacy and Cybersecurity
  • Blog:
    Inside Cybersecurity & Privacy Law
  • Organization:
    Mayer Brown

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