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Ransomware Payments Under English Law: Key Considerations for Stakeholders

By David A. Simon, Mark Stefanini, Ana Hadnes Bruder, Oliver Yaros, Chris Roberts, Findley Penn-Hughes & Meredith Lussier on November 28, 2022
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Ransomware attacks continue to surge from the levels seen just a few years ago and the threat such attacks present against companies and organisations remains very real – not least because the sums involved also continue to surge. According to a recent report by software company Acronis1, global ransomware damages are predicted to reach more than US$30 billion by next year, with that figure set to increase exponentially, potentially reaching the hundreds of billions of dollars a year within the next decade.

Directors and senior management therefore must not only work to prevent ransomware and other cyber attacks from happening, but be prepared if the company’s cyber defences are breached. One critical point for senior management can be boiled down to the question: to pay or not to pay?

This update highlights some of the key legal issues facing businesses that have suffered a ransomware attack with particular reference to the latest UK guidance and the relevant sanctions regimes.

Continue reading.

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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Photo of Ana Hadnes Bruder Ana Hadnes Bruder

Ana Hadnes Bruder is a partner in Mayer Brown’s Frankfurt office and an active member of the global Cybersecurity & Data Privacy practice. She is also a member of the firm’s Intellectual Property practice. Ana advises clients on data privacy and cybersecurity matters…

Ana Hadnes Bruder is a partner in Mayer Brown’s Frankfurt office and an active member of the global Cybersecurity & Data Privacy practice. She is also a member of the firm’s Intellectual Property practice. Ana advises clients on data privacy and cybersecurity matters, including preparing for and reacting to cyber-attacks, assessing and making required data breach notifications, analyzing data protection implications of new products and tools and providing strategic advice with a focus on cross-border data processing. Ana further advises on Technology Transactions including cloud services, data and software licensing agreements, SaaS agreements, software development projects, e-commerce, and related Cybersecurity & Data Privacy questions.

Ana is a registered lawyer in Germany and Brazil and has ten years of international experience as legal counsel in Brazil, France and Germany. Ana started her career at Mayer Brown in the Dispute Resolution practice where she represented clients in litigation and arbitration proceedings involving complex commercial, intellectual property and liability matters.

Before joining Mayer Brown, Ana gained experience representing foreign clients in judicial proceedings in Brazil and also worked as in-house counsel for a leading French company in Paris.

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Photo of Oliver Yaros Oliver Yaros

Oliver Yaros is a partner in the Intellectual Property & IT Group as well as the Technology & IP Transactions and Cybersecurity & Data Privacy practices of the London office of Mayer Brown. He advises clients on technology and outsourcing transactions with a…

Oliver Yaros is a partner in the Intellectual Property & IT Group as well as the Technology & IP Transactions and Cybersecurity & Data Privacy practices of the London office of Mayer Brown. He advises clients on technology and outsourcing transactions with a particular focus on fintech and digital transformation projects, as well as clients operating within a broad range of sectors on data protection matters and cybersecurity incidents, intellectual property transactions and related issues.

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

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