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5 Ways to Lose a Malicious Insider Lawsuit

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May 15, 2012

Related Professionals: Hornick, John F.

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“According to security and legal experts, failing to cover your legal bases before presenting your case to judge and jury can effectively give the defendant that proverbial “get-out-of-jail-free card” and leave your organization without much leverage at all.” This article examines five of the “most common ways that enterprises tend to blow their cases against malicious insiders,” including not making employees sign a contract or policy, failing to treat IP as a secret, limiting log retention or not monitoring at all, not storing original media as evidence, or waiting to respond legally. Finnegan partner John F. Hornick provided commentary on protecting information on company systems. “Such procedures control information, the people with access to it, and the equipment that either contains confidential information or can be used to manage and transmit it,” he said. Mr. Hornick emphasized that these “procedures not only offer legal protection, but they’re also a no-brainer for limiting risk of insider incidents in the firm's place.”

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