Category Archives: Crisis Management

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Customers Accept Hacking Risks, But Hold Businesses Fully Accountable for Cyber Risk

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While most consumers are coming to consider hacking normal, they are definitely far from letting businesses off the hook for their failures to guard against cyberthreats. According to a new study from enterprise security firm Centrify, about three quarters of adults say it is probably or definitely normal and expected for businesses and large organizations to be hacked, and 66% of adults in the U.S. are at least somewhat likely to stop doing business with a company that has suffered a cyberbreach – a figure that rises to 75% in the U.K.

Consumers also firmly believe that the burden of responsibility for guarding against cyberrisk falls squarely on businesses. On a 10-point scale, two thirds of respondents rated corporations as a nine or 10 in terms of how responsible they should be for preventing hacks and securing customers’ personal information. When companies are hacked, they consequently also bear the burden of being fully accountable to their customers, and many are failing, further compounding the odds of concrete consequences from clients. In the U.S., 41% said that corporations do not take enough responsibility when they are hacked, a sentiment shared by 50% of U.K. respondents.

The study found that 21% of U.S. consumers say they are “very likely” to stop doing business with a company that has been hacked. Those most likely to do so include those who have had their personal information compromised in a hack, those who are tech savvy, and those who are frequent online shoppers.

“The study clearly points to the need for organizations to dramatically bolster their security systems and do everything in their power to protect consumer information and prevent a breach,” said Tom Kemp, CEO of Centrify. “When companies put customer data at risk they are really putting their entire business at risk. Consumers simply will not tolerate doing business with hacked organizations. It’s time for organizations to take full responsibility for their security and put the proper measures in place once and for all.”

Check out some of the study’s findings in the infographic below:

Centrify Infographic

The Dos, Don’ts and Maybes of Social Media

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Social mediaIt takes one second to send a Tweet or Instagram post onto the internet for all to see. But for companies active on social media, the legal ramifications of those 140 characters or that one photo can last a whole lot longer.

At a recent seminar in New York, lawyers and communications professionals representing some of the world’s most famous brands learned a lot about the dos and don’ts of social media for companies, specifically companies interested in pushing boundaries but avoiding lawsuits. Perhaps more importantly, they learned a lot about the maybe dos and maybe don’ts through several real-world examples.

“When you get it wrong, it comes with a lot of implications,” said Maggie O’Neill, managing director and partner at strategic communications firm Peppercomm, which recently co-hosted the event with Davis & Gilbert LLP.

Sue Me, Maybe?

O’Neill and her counterpart, Davis & Gilbert marketing and promotions partner Allison Fitzpatrick, brought up one of the more famous “maybe don’ts” in recent memory: Peyton Manning’s proclamation after Super Bowl 50 that his first order of business was to “drink a lot of Budweiser,” setting off a social media firestorm.

“This had the potential to really blow up into something legal,” O’Neill said. After all, Manning isn’t a spokesman for Budweiser, but he does own several Budweiser distributors. The appearance of “free” advertising if, say, an implicit agreement between the two parties was in place, would have been a no-no, and the fact that it’s not common knowledge that Manning owns those distributors makes it a “maybe no-no.” Adeptly, a Budweiser communications pro tweeted that, while the brewer was “surprised and delighted” at Manning’s off-the-cuff endorsement, “Budweiser did not pay Peyton Manning” for it. While that tweet doesn’t guarantee Budweiser’s immunity from a government lawsuit, it certainly represents a skillful handling of the situation.

Know Your Subject

Not all companies have been as adept, O’Neill and Fitzpatrick pointed out. The Duane Reade chain famously got sued by Katherine Heigl after tweeting an unflattering photo of the actress coming out of one of its pharmacies carrying bags. Heigl sued for $6 million, claiming the company violated New York State and federal laws that protect the use of a person’s likeness for trade purposes. She eventually dropped the suit, but it made the kind of headlines Duane Reade – and most companies – never want.

Fast-food chain Arby’s, on the other hand, got universal kudos for its tweet about the hat worn by rapper Pharrell Williams at the 2014 Grammy’s, which looked similar to the one on the Arby’s logo. “Hey @Pharrell, can we have our hat back,” Arby’s tweeted, with the hashtag #GRAMMYs. Pharrell was a good sport about it, and when he eventually put the hat up for charity auction on eBay, Arby’s announced via Twitter that it was the party responsible for the $44,100 winning bid.

“The best part is, Pharrell did not sue,” Fitzpatrick said at the panel. But, she added, “it doesn’t mean there’s no risk.” One quick and easy first step, according to Fitzpatrick, is to do a quick Google search to “see if they’re litigious or not.”

Copyright Law in the 21st Century

For brands active on social media, copyright law is another consideration. Being mindful of trademarks like “Super Bowl” and “NCAA” while tweeting about events can save companies a lot of money from potential legal woes.

For instance, when TGI Friday’s pushed boundaries by petitioning the International Olympic Committee to make bartending an official sport, lawyers were kept in the loop to make sure the campaign garnered media and public interest on traditional and social media but didn’t cross any copyright law lines.

What’s next?

With technology constantly changing and regulators scrambling to adapt to those changes, Fitzpatrick said the next frontier could be regulatory action against celebrity spokespeople. It’s generally known around the world that Nike endorses Tiger Woods, but what if a celebrity whose endorsement deal is lesser-known doesn’t disclose the relationship in a tweet? This could be the next major question the Federal Trade Commission starts asking.

Key Guidelines

Fitzpatrick offered a few general guidelines that companies can follow.

  • When using hashtags, be careful not to suggest an endorsement or association between your brand and the event, unless there actually is one.
  • The more the merrier. See if other brands are tweeting about the event. If they are, chances are your legal risks are lower.
  • There are a lot of work-related reasons to follow, a brand, on social media, so most experts think a simple follow is probably okay. A “like” or a “share” could be a little dicier.
  • When in doubt, research, confirm, and speak to legal.

Brussels Bombings Highlight New Risk Realities

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Belgium map
The deadly terrorist bombings in Brussels this week have elicited an outpouring of support for the victims and for Belgium, along with renewed rage and consternation regarding ISIS. These are predictable reactions.

What these acts also elicited, I’ve noticed, are numerous comments from many outlets that the attacks were not surprising.

The BBC, in fact, said the bombings were “not a surprise” and security experts chimed in with similar assessments. Even Belgians themselves admit that the attack wasn’t shocking—Prime Minister, Charles Michel, lamented that “what we feared, has happened.” Think about how much has changed in less than a generation. Now, when the capital of the EU and NATO becomes a war zone, many react as though this is business as usual.

When it comes to political violence and warfare, we (or at least Western Europe) are living in a brave new world.

In fact, research I’ve conducted in recent weeks for a RIMS Executive Report on political risk confirms how much the paradigm has changed. Political risk experts I interviewed have been emphasizing this point. “I think it is truly a distinctive point in world affairs,” said one. Another confessed, “I’ve been doing this for nearly 20 years, and this is by far the most unstable, tenuous, deteriorating…risk environment I’ve ever seen.”

These sentiments are based on more than ISIS. Recent developments include the Ukraine civil war, the migrant crisis, deterioration of large swaths of the Middle East, tensions in the South China Sea, a weakening Chinese economy and Brazil’s political crisis. All contribute to a consensus that things are changing.

For the risk community, a big change is formerly reliable standards of which parts of the world are stable and which are unstable, such as developed economies versus developing and first-world versus second- and third-world. Now more than ever, risk managers considering the security of global operations need to examine a country’s vital signs rather than rely on conventional wisdom about stability. And if mass-casualty terror attacks are the new normal for Western Europe, a number of risk professionals will need to become better acquainted with the realities of political violence.

To end on a positive note, however, we do not have to believe the sky is falling. While terrorist attacks are brutal and unfortunate, it is consoling to think about the odds of being a victim. As data nerds are happy to point out, a person is much more likely to meet his or her demise from bathtubs, dogs and food poisoning. The Post has reported that you are more likely to be crushed by furniture than snuffed out by ISIS.

Building Resilience, City by City

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Highline park

With escalating risks and uncertainty around the globe, cities are challenged with understanding and circumventing those risks to stay vital. Much as in the business world, municipalities are moving towards resilience—the capability to survive, adapt and grow no matter what types of stresses are experienced.

Recognizing that they have much to offer each other, communities and businesses are often working together to pool their experience and knowledge. Helping to foster this is a project called the 100 Resilient Cities Challenge, funded by the Rockefeller Foundation. The project has selected 100 cities around the world and provided funding for them to hire a chief resilience officer.

“Resilience is a study of complex systems,” said Charles Rath, president and CEO of Resilient Solutons 21.

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He spoke about resilience and his experiences with the 100 Resilient Cities Challenge at the recent forum, “Pathways to Resilience,” hosted by the American Security Project and Lloyd’s in Washington, D.C. “To me, resilience is a mechanism that allows us to look at our cities, communities, governments and businesses almost as living organisms—economic systems that are connected to social systems, that are connected to environmental systems and fiscal systems. One area we need to work on is understanding those connections and how these systems work.

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“Green space

Rath said that cities that have successfully implemented innovative resilient solutions have been able to “identify and communicate co-benefits. If you do some research around those jurisdictions that received funding, you’ll see interesting strategies that address their risks, but also have added economic, social and other co-benefits.”

Examples were evident after Hurricane Katrina and Superstorm Sandy. “Those communities that were able to bounce back quickest were those that had strong, socially cohesive societies. We also know that social cohesion drives economic activities in urban areas as well,” he said.

One of the first projects he worked on for the Resilient Cities Challenge was with the city of El Paso. “It is in the southwest and excessive heat is an issue they are dealing with,” he explained. “They have many parts of the city that see significant spikes in temperature, which leads to asthma, increased cooling costs and the list goes on. It’s projected over the next 70 or so years to increase 7 to 10 degrees, so it’s a big problem.”

To address the issue, he researched the issue and met with El Paso’s city manager. “We were able to pinpoint all of the different areas in El Paso where there is heat island effect,” he said. “We could tell what degree it was and roughly what was causing it.”

Causes for the escalating heat proved to be a lack of reflectivity, impermeable surfaces and lack of green space. “But it was at the point where we told him that he was costing the city about $150 million a year in increased cooling costs—because we were able to isolate the building outlines in the downtown area—that he began to pay attention,” he said. “Then we also showed him areas of the city where there was increased heat island effect where there was a significant amount of concrete. There were also a large percentage of children in the area who didn’t have access to parks.”

A solution for both dilemmas could be achieved by “transforming those vacant lots to pocket parks so that kids could have access to playgrounds.” he said, adding, “Those types of solutions with multiple co-benefits are an important element of what we are doing and this encouraged us to explore that.”