Hello everyone and welcome to this Ethics Alert, which will discuss a recent Miami Herald article discussing a ransomware attack against a South Florida software company that manages electronic records for thousands of law firms nationwide in which digital legal documents have been held hostage. The October 25, 2019 Miami Herald article is here: https://www.miamiherald.com/news/local/article236645058.html
According to the Herald article, “a Florida law firm was forced to request more time to meet a filing deadline in a gender-discrimination employment case in federal court because it could not access its electronic documents stored with TrialWorks.” “The firm’s attorney representing the deputy (in the Citrus County federal gender discrimination lawsuit) cited the TrialWorks’ software problem, saying the company ‘has shut down access’ to critical documents in the case. The law firm needed the documents to address a dispute over the testimony of an expert witness for Citrus County. Its response was due Friday (October 25, 2019).”
“Since Oct. 11, 2019, plaintiff’s counsel, as well as other TrialWorks clients, have been unable to access documents,” says the law firm’s motion requesting more time. “As of Oct. 24, 2019, plaintiff’s counsel remains unable to access all the necessary documents required to respond.” “The deadline issue was quickly resolved because attorneys for Citrus County did not oppose the law firm’s request. Melton’s firm has until Nov. 14 to respond, assuming it can gain access before then to crucial records at TrialWorks.”
The article also states: “TrialWorks acknowledged it ‘was recently targeted by a ransomware incident that did not affect our software but did prevent approximately 5 percent of our customers … from accessing their accounts.’” “In a statement, the company said it started an internal investigation and retained independent cybersecurity experts. “We have been working around the clock to restore normal operations for our customers as quickly as possible, and nearly all customers have had access restored within a week.” “Company officials said they have not contacted federal authorities about the ransomware attack but plan to share information from the internal investigation with law enforcement.”
“Earlier this month, TrialWorks began alerting its customers about the security breach and initially indicated it was caused by a Microsoft service outage affecting Outlook desktop and mobile apps, according to court records. But the company’s customer alerts became more ominous over the past two weeks, including one that cited a ‘ransomware incident.’”
Bottom line: This unfortunate ransomware incident highlights the vulnerability of digital information, including information stored digitally by litigation document assistance providers such as TrialWorks.
Be careful out there.
Disclaimer: this e-mail is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.
Joseph A. Corsmeier, Esquire
Law Office of Joseph A. Corsmeier, P.A.
2999 Alt. 19, Suite A
Palm Harbor, Florida
Office (727) 799-1688
Fax (727) 799-1670