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Spencer Fane LLP | spencerfane.com 1
Incident Response Planning
Shawn E. Tuma
Co-Chair, Data Privacy & Cybersecurity Practice
Spencer Fane LLP
Lifecycle of Responding to a Ransomware Attack
Spencer Fane LLP | spencerfane.com 2
Ransomware Timeline
Hour 1
Initial
Discovery
Basic Intel
Activate IR
Plan & IR Team
Triage Security
+ Backups
Do Not Wipe
Drives
Start
Preserving
Evidence
Do Not
Communicate
with TA
Spencer Fane LLP | spencerfane.com 3
Ransomware Timeline
Hour 1
Initial
Discovery
Basic Intel
Activate IR
Plan & IR
Team
Triage Security
+ Backups
Do Not Wipe
Drives
Start
Preserving
Evidence
Do Not
Communicate
with TA
< 12 Hours
Notify
Insurance
Carrier
Engage
Security
Experts
Engage Data
Recovery
Experts
Report to Law
Enforcement
Notify
Employees
Notify Key
Business
Partners
Begin Data
Recovery +
Restoration
Confirm Not
Obvious
“Breach
Spencer Fane LLP | spencerfane.com 4
Ransomware Timeline
Hour 1
Initial
Discovery
Basic Intel
Activate IR
Plan & IR
Team
Triage Security
+ Backups
Do Not Wipe
Drives
Start
Preserving
Evidence
Do Not
Communicate
with TA
< 12 Hours
Notify
Insurance
Carrier
Engage
Security
Experts
Engage Data
Recovery
Experts
Report to Law
Enforcement
Notify
Employees
Notify Key
Business
Partners
Begin Data
Recovery +
Restoration
Confirm Not
Obvious
“Breach”
12 – 72+
Hours
Implement
Interim
Security
Negotiate with
Threat Actor
OFAC
Clearance
Carrier
Approval for
Payment
Begin
Forensics
Plan for PR
and Potential
Notification
Spencer Fane LLP | spencerfane.com 5
Ransomware Timeline
Hour 1
Initial
Discovery
Basic Intel
Activate IR
Plan & IR
Team
Triage Security
+ Backups
Do Not Wipe
Drives
Start
Preserving
Evidence
Do Not
Communicate
with TA
< 12 Hours
Notify
Insurance
Carrier
Engage
Security
Experts
Engage Data
Recovery
Experts
Report to Law
Enforcement
Notify
Employees
Notify Key
Business
Partners
Begin Data
Recovery +
Restoration
Confirm Not
Obvious
“Breach”
12 – 72+
Hours
Implement
Interim
Security
Negotiate with
Threat Actor
OFAC
Clearance
Carrier
Approval for
Payment
Begin
Forensics
Plan for PR
and Potential
Notification
+8 Hours
Confirm Proof
of Life
Payment
Transaction
Obtain
Decryptor
Test Decryptor
Spencer Fane LLP | spencerfane.com 6
Ransomware Timeline
Hour 1
Initial
Discovery
Basic Intel
Activate IR
Plan & IR
Team
Triage Security
+ Backups
Do Not Wipe
Drives
Start
Preserving
Evidence
Do Not
Communicate
with TA
< 12 Hours
Notify
Insurance
Carrier
Engage
Security
Experts
Engage Data
Recovery
Experts
Report to Law
Enforcement
Notify
Employees
Notify Key
Business
Partners
Begin Data
Recovery +
Restoration
Confirm Not
Obvious
“Breach”
12 – 72+
Hours
Implement
Interim
Security
Negotiate with
Threat Actor
OFAC
Clearance
Carrier
Approval for
Payment
Begin
Forensics
Plan for PR
and Potential
Notification
+8 Hours
Confirm Proof
of Life
Payment
Transaction
Obtain
Decryptor
Test Decryptor
+12 – 72+
Hours
Begin Data
Decryption
Process
Follow-up with
TA if Problems
Obtain Interim
Signals from
Forensics
Spencer Fane LLP | spencerfane.com 7
Ransomware Timeline
Hour 1
Initial
Discovery
Basic Intel
Activate IR
Plan & IR
Team
Triage Security
+ Backups
Do Not Wipe
Drives
Start
Preserving
Evidence
Do Not
Communicate
with TA
< 12 Hours
Notify
Insurance
Carrier
Engage
Security
Experts
Engage Data
Recovery
Experts
Report to Law
Enforcement
Notify
Employees
Notify Key
Business
Partners
Begin Data
Recovery +
Restoration
Confirm Not
Obvious
“Breach”
12 – 72+
Hours
Implement
Interim
Security
Negotiate with
Threat Actor
OFAC
Clearance
Carrier
Approval for
Payment
Begin
Forensics
Plan for PR
and Potential
Notification
+8 Hours
Confirm Proof
of Life
Payment
Transaction
Obtain
Decryptor
Test Decryptor
+12 – 72+
Hours
Begin Data
Decryption
Process
Follow-up with
TA if Problems
Obtain Interim
Signals from
Forensics
< 2 – 4+
Weeks
Restoration of
Operations
After Action
Review
Implement
Additional
Security
Complete
Forensics &
Obtain Report
Determine
Incident or
Breach
Notifications &
Reporting if
Breach
Spencer Fane LLP | spencerfane.com 8
Ransomware Timeline
Hour 1
Initial
Discovery
Basic Intel
Activate IR
Plan & IR
Team
Triage Security
+ Backups
Do Not Wipe
Drives
Start
Preserving
Evidence
Do Not
Communicate
with TA
< 12 Hours
Notify
Insurance
Carrier
Engage
Security
Experts
Engage Data
Recovery
Experts
Report to Law
Enforcement
Notify
Employees
Notify Key
Business
Partners
Begin Data
Recovery +
Restoration
Confirm Not
Obvious
“Breach”
12 – 72+
Hours
Implement
Interim
Security
Negotiate with
Threat Actor
OFAC
Clearance
Carrier
Approval for
Payment
Begin
Forensics
Plan for PR
and Potential
Notification
+8 Hours
Confirm Proof
of Life
Payment
Transaction
Obtain
Decryptor
Test Decryptor
+12 – 72+
Hours
Begin Data
Decryption
Process
Follow-up with
TA if Problems
Obtain Interim
Signals from
Forensics
< 2 – 4+
Weeks
Restoration of
Operations
After Action
Review
Implement
Additional
Security
Complete
Forensics &
Obtain Report
Determine
Incident or
Breach
Notifications &
Reporting if
Breach
1 – 48 +
Months
Individual
Notification
Escalations
Business
Partner
Escalations
Regulatory
Investigations
Litigation
Spencer Fane LLP | spencerfane.com 9
Initial
Discovery
Basic Intel +
Activate IR
Plan & Team
Triage Security
+ Backups
Security
Experts
Data Recovery
+ Restoration
Forensic
Examination
Incident or
Breach?
After Action
Review
Most
Common
Causes
Ransomware Lifecycle
Spencer Fane LLP | spencerfane.com 10
Source: https://www.coveware.com/blog/q3-2020-ransomware-marketplace-report
Spencer Fane LLP | spencerfane.com 11
DOWNLOAD:
https://www.spencerfane.com/wp-
content/uploads/2019/01/Cyber-
Incident-Response-Checklist.pdf
Spencer Fane LLP | spencerfane.com 12
Most Common Causes & Solutions
• This is random – scanning web for Internet facing RDP access
• Virtual Private Network (VPN) with Multifactor Authentication (MFA)
RDP Access
• Email phishing tool
• Workforce training and simulated phishing
Phishing
• Install patches timely
• No unsupported software
Unpatched /
Outdated Software
• Multifactor Authentication (MFA)
• Longer passphrases
Passwords
• 3-2-1 Backup Process
• Something comparable – you may end up with only your offline backup
Backups, Backups,
Backups!
Spencer Fane LLP | spencerfane.com 13
Most Common Causes
Source: https://www.coveware.com/blog/q3-2020-ransomware-marketplace-report
Spencer Fane LLP | spencerfane.com 14
Average Ransomware Payments
Source: https://www.coveware.com/blog/q3-2020-ransomware-marketplace-report
Spencer Fane LLP | spencerfane.com 15
Company Size Distribution
Source: https://www.coveware.com/blog/q3-2020-ransomware-marketplace-report
Spencer Fane LLP | spencerfane.com 16
Incident Response Considerations from a
Breach Coach
As we sit here today:
1. Have you collectively brainstormed to think about your greatest cyber risks?
2. Do you have an Incident Response Plan (IRP)?
3. Do you know when to activate the IRP?
4. Does each member of the Security Incident Response Team (SIRT) understand his or her role and responsibility under
the IRP?
5. Do you have redundancies for those roles and responsibilities?
6. Do you know who is the “head coach” and, what if that person is unavailable?
7. Do you know what external parties are needed under the IRP?
8. Do you have easy access to all internal and external parties’ contact information, with redundancies, including personal
cell numbers?
9. Do you have relationships already established with those third parties?
10. Do you have those third parties pre-approved under your cyber insurance policy?
11. Do you have your insurance policy, policy number, and claims contact information handy?
12. How will you access all of this information if your network is down?
13. Have you practiced a mock scenario to test your preparedness? What about if your “head coach” is unavailable?
14. Have you performed After Action Reviews (AAR) and revised your IRP for lessons learned?
Spencer Fane LLP | spencerfane.com 17
Shawn Tuma
Co-Chair, Cybersecurity & Data Privacy
Spencer Fane LLP
972.324.0317
stuma@spencerfane.com
• 20+ Years of Cyber Law Experience
• Practitioner Editor, Bloomberg BNA – Texas
Cybersecurity & Data Privacy Law
• Council Member, Southern Methodist University
Cybersecurity Advisory
• Board of Advisors, North Texas Cyber Forensics Lab
• Policy Council, National Technology Security Coalition
• Board of Advisors, Cyber Future Foundation
• Cybersecurity & Data Privacy Law Trailblazers, National
Law Journal (2016)
• SuperLawyers Top 100 Lawyers in Dallas (2016)
• SuperLawyers 2015-20
• Best Lawyers in Dallas 2014-20, D Magazine
• Chair-Elect, Computer & Technology Section, State Bar of
Texas
• Privacy and Data Security Committee of the State Bar of
Texas
• College of the State Bar of Texas
• Board of Directors, Collin County Bench Bar Conference
• Past Chair, Civil Litigation & Appellate Section, Collin
County Bar Association
• Information Security Committee of the Section on Science
& Technology Committee of the American Bar Association
• North Texas Crime Commission, Cybercrime Committee &
Infragard (FBI)
• International Association of Privacy Professionals (IAPP)

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Lifecycle: Responding to a Ransomware Attack - A Professional Breach Guide's Perspective

  • 1. Spencer Fane LLP | spencerfane.com 1 Incident Response Planning Shawn E. Tuma Co-Chair, Data Privacy & Cybersecurity Practice Spencer Fane LLP Lifecycle of Responding to a Ransomware Attack
  • 2. Spencer Fane LLP | spencerfane.com 2 Ransomware Timeline Hour 1 Initial Discovery Basic Intel Activate IR Plan & IR Team Triage Security + Backups Do Not Wipe Drives Start Preserving Evidence Do Not Communicate with TA
  • 3. Spencer Fane LLP | spencerfane.com 3 Ransomware Timeline Hour 1 Initial Discovery Basic Intel Activate IR Plan & IR Team Triage Security + Backups Do Not Wipe Drives Start Preserving Evidence Do Not Communicate with TA < 12 Hours Notify Insurance Carrier Engage Security Experts Engage Data Recovery Experts Report to Law Enforcement Notify Employees Notify Key Business Partners Begin Data Recovery + Restoration Confirm Not Obvious “Breach
  • 4. Spencer Fane LLP | spencerfane.com 4 Ransomware Timeline Hour 1 Initial Discovery Basic Intel Activate IR Plan & IR Team Triage Security + Backups Do Not Wipe Drives Start Preserving Evidence Do Not Communicate with TA < 12 Hours Notify Insurance Carrier Engage Security Experts Engage Data Recovery Experts Report to Law Enforcement Notify Employees Notify Key Business Partners Begin Data Recovery + Restoration Confirm Not Obvious “Breach” 12 – 72+ Hours Implement Interim Security Negotiate with Threat Actor OFAC Clearance Carrier Approval for Payment Begin Forensics Plan for PR and Potential Notification
  • 5. Spencer Fane LLP | spencerfane.com 5 Ransomware Timeline Hour 1 Initial Discovery Basic Intel Activate IR Plan & IR Team Triage Security + Backups Do Not Wipe Drives Start Preserving Evidence Do Not Communicate with TA < 12 Hours Notify Insurance Carrier Engage Security Experts Engage Data Recovery Experts Report to Law Enforcement Notify Employees Notify Key Business Partners Begin Data Recovery + Restoration Confirm Not Obvious “Breach” 12 – 72+ Hours Implement Interim Security Negotiate with Threat Actor OFAC Clearance Carrier Approval for Payment Begin Forensics Plan for PR and Potential Notification +8 Hours Confirm Proof of Life Payment Transaction Obtain Decryptor Test Decryptor
  • 6. Spencer Fane LLP | spencerfane.com 6 Ransomware Timeline Hour 1 Initial Discovery Basic Intel Activate IR Plan & IR Team Triage Security + Backups Do Not Wipe Drives Start Preserving Evidence Do Not Communicate with TA < 12 Hours Notify Insurance Carrier Engage Security Experts Engage Data Recovery Experts Report to Law Enforcement Notify Employees Notify Key Business Partners Begin Data Recovery + Restoration Confirm Not Obvious “Breach” 12 – 72+ Hours Implement Interim Security Negotiate with Threat Actor OFAC Clearance Carrier Approval for Payment Begin Forensics Plan for PR and Potential Notification +8 Hours Confirm Proof of Life Payment Transaction Obtain Decryptor Test Decryptor +12 – 72+ Hours Begin Data Decryption Process Follow-up with TA if Problems Obtain Interim Signals from Forensics
  • 7. Spencer Fane LLP | spencerfane.com 7 Ransomware Timeline Hour 1 Initial Discovery Basic Intel Activate IR Plan & IR Team Triage Security + Backups Do Not Wipe Drives Start Preserving Evidence Do Not Communicate with TA < 12 Hours Notify Insurance Carrier Engage Security Experts Engage Data Recovery Experts Report to Law Enforcement Notify Employees Notify Key Business Partners Begin Data Recovery + Restoration Confirm Not Obvious “Breach” 12 – 72+ Hours Implement Interim Security Negotiate with Threat Actor OFAC Clearance Carrier Approval for Payment Begin Forensics Plan for PR and Potential Notification +8 Hours Confirm Proof of Life Payment Transaction Obtain Decryptor Test Decryptor +12 – 72+ Hours Begin Data Decryption Process Follow-up with TA if Problems Obtain Interim Signals from Forensics < 2 – 4+ Weeks Restoration of Operations After Action Review Implement Additional Security Complete Forensics & Obtain Report Determine Incident or Breach Notifications & Reporting if Breach
  • 8. Spencer Fane LLP | spencerfane.com 8 Ransomware Timeline Hour 1 Initial Discovery Basic Intel Activate IR Plan & IR Team Triage Security + Backups Do Not Wipe Drives Start Preserving Evidence Do Not Communicate with TA < 12 Hours Notify Insurance Carrier Engage Security Experts Engage Data Recovery Experts Report to Law Enforcement Notify Employees Notify Key Business Partners Begin Data Recovery + Restoration Confirm Not Obvious “Breach” 12 – 72+ Hours Implement Interim Security Negotiate with Threat Actor OFAC Clearance Carrier Approval for Payment Begin Forensics Plan for PR and Potential Notification +8 Hours Confirm Proof of Life Payment Transaction Obtain Decryptor Test Decryptor +12 – 72+ Hours Begin Data Decryption Process Follow-up with TA if Problems Obtain Interim Signals from Forensics < 2 – 4+ Weeks Restoration of Operations After Action Review Implement Additional Security Complete Forensics & Obtain Report Determine Incident or Breach Notifications & Reporting if Breach 1 – 48 + Months Individual Notification Escalations Business Partner Escalations Regulatory Investigations Litigation
  • 9. Spencer Fane LLP | spencerfane.com 9 Initial Discovery Basic Intel + Activate IR Plan & Team Triage Security + Backups Security Experts Data Recovery + Restoration Forensic Examination Incident or Breach? After Action Review Most Common Causes Ransomware Lifecycle
  • 10. Spencer Fane LLP | spencerfane.com 10 Source: https://www.coveware.com/blog/q3-2020-ransomware-marketplace-report
  • 11. Spencer Fane LLP | spencerfane.com 11 DOWNLOAD: https://www.spencerfane.com/wp- content/uploads/2019/01/Cyber- Incident-Response-Checklist.pdf
  • 12. Spencer Fane LLP | spencerfane.com 12 Most Common Causes & Solutions • This is random – scanning web for Internet facing RDP access • Virtual Private Network (VPN) with Multifactor Authentication (MFA) RDP Access • Email phishing tool • Workforce training and simulated phishing Phishing • Install patches timely • No unsupported software Unpatched / Outdated Software • Multifactor Authentication (MFA) • Longer passphrases Passwords • 3-2-1 Backup Process • Something comparable – you may end up with only your offline backup Backups, Backups, Backups!
  • 13. Spencer Fane LLP | spencerfane.com 13 Most Common Causes Source: https://www.coveware.com/blog/q3-2020-ransomware-marketplace-report
  • 14. Spencer Fane LLP | spencerfane.com 14 Average Ransomware Payments Source: https://www.coveware.com/blog/q3-2020-ransomware-marketplace-report
  • 15. Spencer Fane LLP | spencerfane.com 15 Company Size Distribution Source: https://www.coveware.com/blog/q3-2020-ransomware-marketplace-report
  • 16. Spencer Fane LLP | spencerfane.com 16 Incident Response Considerations from a Breach Coach As we sit here today: 1. Have you collectively brainstormed to think about your greatest cyber risks? 2. Do you have an Incident Response Plan (IRP)? 3. Do you know when to activate the IRP? 4. Does each member of the Security Incident Response Team (SIRT) understand his or her role and responsibility under the IRP? 5. Do you have redundancies for those roles and responsibilities? 6. Do you know who is the “head coach” and, what if that person is unavailable? 7. Do you know what external parties are needed under the IRP? 8. Do you have easy access to all internal and external parties’ contact information, with redundancies, including personal cell numbers? 9. Do you have relationships already established with those third parties? 10. Do you have those third parties pre-approved under your cyber insurance policy? 11. Do you have your insurance policy, policy number, and claims contact information handy? 12. How will you access all of this information if your network is down? 13. Have you practiced a mock scenario to test your preparedness? What about if your “head coach” is unavailable? 14. Have you performed After Action Reviews (AAR) and revised your IRP for lessons learned?
  • 17. Spencer Fane LLP | spencerfane.com 17 Shawn Tuma Co-Chair, Cybersecurity & Data Privacy Spencer Fane LLP 972.324.0317 stuma@spencerfane.com • 20+ Years of Cyber Law Experience • Practitioner Editor, Bloomberg BNA – Texas Cybersecurity & Data Privacy Law • Council Member, Southern Methodist University Cybersecurity Advisory • Board of Advisors, North Texas Cyber Forensics Lab • Policy Council, National Technology Security Coalition • Board of Advisors, Cyber Future Foundation • Cybersecurity & Data Privacy Law Trailblazers, National Law Journal (2016) • SuperLawyers Top 100 Lawyers in Dallas (2016) • SuperLawyers 2015-20 • Best Lawyers in Dallas 2014-20, D Magazine • Chair-Elect, Computer & Technology Section, State Bar of Texas • Privacy and Data Security Committee of the State Bar of Texas • College of the State Bar of Texas • Board of Directors, Collin County Bench Bar Conference • Past Chair, Civil Litigation & Appellate Section, Collin County Bar Association • Information Security Committee of the Section on Science & Technology Committee of the American Bar Association • North Texas Crime Commission, Cybercrime Committee & Infragard (FBI) • International Association of Privacy Professionals (IAPP)