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August 31, 2021

ABA Business Law Section publishes guide on how to manage, govern cyber risks

CHICAGO, Aug. 31, 2021 — The American Bar Association Business Law Section has published “D&O Guide to Cyber Governance: Fiduciary Duties in the Digital Age” that provides expert guidance and key actions for directors and officers on how to manage and govern cyber risks.

From asking simple questions about whether a company has a mature cybersecurity program to fielding more complex queries about ransomware and cyber insurance, boards and executives should understand what cyber governance really means and how they should be exercising oversight of digital risks.

“Laws, regulations, case law and standards now detail specific actions that boards and senior management must take in managing cyber risks. This is no longer an area that can be delegated to operational personnel,” says Jody Westby, CEO of Global Cyber Risk.

Westby provides the basic information directors and officers need to know to meet their fiduciary duties, exercise appropriate cyber governance and protect their organizations against shareholder derivative and securities lawsuits. With convenient checklists, practice tips, charts and resources, this guide will help directors and officers, and those who counsel them to:

  • Develop a governance framework in alignment with best practices and standards
  • Understand the elements of a cybersecurity program
  • Ensure privacy and security compliance requirements are met
  • Manage a cybersecurity incident and make hard decisions
  • Develop appropriate risk transfer and management strategies    

The book also includes a cyber governance checklist, a cyber lingo cheat sheet and a list of abbreviations that serve as a guide and reference.

What others are saying about the book:

“This is a thoughtful and comprehensive guide to the legal and practical considerations directors and officers face in responding to the all-important cybersecurity conundrum. This will prove incredibly helpful to counsel advising companies on how to best approach this difficult challenge.” —    Charles M. Elson, Edgar S. Woolard Jr. chair in corporate governance, University of Delaware

“In this ever-increasing world of cyberthreats, this book is a must-read for every director and senior manager who takes his or her fiduciary obligation seriously.” —    Mareilé B. Cusack, senior vice president and general counsel, Ariel Investments

“Managing cyber risk is the most serious challenge facing corporate boards and management, and yet one they are least prepared to deal with. As responsibility for data protection has moved from the province of technologist to a serious corporate governance responsibility, this book will be a must have for boards, senior officers and their legal advisers.” —    Jeremiah Buckley, founding partner, Buckley LLP

Title:                “D&O Guide to Cyber Governance: Fiduciary Duties in the Digital Age
Publisher:        Business Law Section
Pages:              192 pages
Product Code: 5070797
ISBN:               978-1-63905-002-4
Size:                 7 x 10
Binding:           Paperback
Price:               $79.95
Orders:            800-285-2221 or

Editor’s note: Author interviews and review copies of this book are available by emailing Katrina Krause at [email protected]. If you publish a review of this book, please send tear sheets or a copy for our files to Katrina Krause, ABA Business Law Section, 321 N. Clark St., Chicago, IL 60654.

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