Author: Lim Seng Siew

  • Building A Mediation Practice (12 May 2023) Highlights

    Building A Mediation Practice (12 May 2023) Highlights

    12th May 2023 was a very special event in our “Building A Mediation Practice Series”. It had both a sharing and networking session.

    Delegates from 12 jurisdictions came from Singapore, India, Japan, China, Indonesia, Australia, South Africa, Sri Lanka, Bangladesh, Taiwan, Philippines, New Zealand. We are multidisciplinary with mediators/mediation advocates, trainers/lecturers/coaches, psychologists/counsellors even a doctor, corporate heads/directors, accountants/ liquidators and a representative of mediation standards.

    At the sharing, our special guest gave a courageous and honest account of her experience as a user of mediation for their dispute. There was the good and all the professionals critical in their peace approach; how they helped and what worked. There was also the bad, when they were resistant while roller coasting through all the emotions pre-during-after the mediation.

    In the networking, smaller groups met. With their facilitators, they shared about their respective practices and spoke about thinking or experiences; what they expect from the network and what they can contribute to the network.

    “Virtual networking” are notoriously difficult but thanks to the Facilitators and the enthusiastic participation of the delegates, we found from the Feedback that it went well.

    95% of the participants found the event “valuable” “commendable” and rated the event good/excellent. 100% of them said the webinar format was good/excellent.

    Both our special guest and moderator, @ Christian von Baumbach were unanimously rated excellent/ good.

    Our deepest gratitude to our special guest, the Facilitators @ Phang Kien Yip, @ Isabel Chew-Lau, @ Ram Dubey, @ Sujatha Bhagavad-Gita, @ Jasmine Eng, @ Fern Wei, @ Luche Joubert, @ Paul Heath and the host and moderator @ Christian von Baumbach.

    Equally, deep appreciation to all our delegates and we hope to see all of you in our future events.

  • Cyber-hygiene and Phishing Part 3: Simple Steps to Protect Yourself

    Cyber-hygiene and Phishing Part 3: Simple Steps to Protect Yourself

    by Lim Seng Siew, Director OTP Law Corporation

    In the first and second parts, we talked about what is a phishing attack and what to do if you are a victim. In this third part, we will talk about simple steps that you can take to reduce the chances of being a victim of such an attack.

    Cyber-hygiene – Prevention (or Reduction) is Better Than Cure

    It is impossible to prevent a cybersecurity incident from happening. You can only do so if you have infinite resources, infinite time, and infinite talent. And that is an impossibility. Instead, efforts should be focused on, firstly, making it difficult for a hacker to hack into your system, such that the hacker will move onto other targets, and, secondly, if there is a successful hack to reduce the opportunity for harm.

    I have divided the precautions that an organisation can take into 3 baskets:

    1. The first basket contains simple steps that an organisation can take on its own with minimal or no assistance from IT providers (Simple Steps Basket).
    2. The second basket is for those steps that an organisation can take with assistance from IT providers if the organisation does not have the in-house know-how to do so (Steps With Assistance Basket).
    3. And the third basket contains those steps that will require the organisation to work with IT providers as these steps often involve consultation with various stakeholders (Steps With Consultation Basket).

    I will deal with the simple steps in this article and leave the other 2 for a later one.

    It must be borne in mind that cyber-hygiene is not an IT issue, only for the IT staff to implement. It is an ‘all-of-organisation’ issue.  The hacker, using social engineering methods, will not be sending phishing emails to the IT staff of an organisation but to the general staff who are likely to be less aware of cybersecurity issues. Social engineering methods are methods used by hackers to manipulate our emotions such that we stop thinking rationally and start acting on impulse without proper regard to what it is that we are actually doing.

    Simple Steps Basket

    Have Anti-Virus / Anti-Malware

    Anti-virus and anti-malware software are almost similar, and the terms are often used interchangeably. However, there are important differences. Anti-malware generally has a broader coverage then anti-virus with advanced features such as sandboxing and removal of potential malware applications, behaviour monitoring to identify threats based on suspicious behaviour rather than relying on the ‘signatures’ of pre-existing and known threats and is designed to be used in a business environment across the entire organisation. As a result, anti-malware is generally more expensive than a plain vanilla anti-virus software.

    It is also important to have the software installed on all potential attack surfaces. An attack surface is all possible points of attack, whether physical or digital, where an unauthorised user can gain access to a system. The digital attack surface encompasses all the hardware and software that is connected to an organisation’s network. These include applications, codes, ports, servers, and websites. The physical attack surface comprises all endpoint devices that an attacker can gain physical access to, such as desktop computers, hard drives, laptops, mobile phones, tablets, Smart TVs and USB drives. Even passwords written on paper and physical break-ins to premises are potential physical attack surfaces.

    Update Your Software

    All software, even those from well-regarded software companies, have bugs. Some of these bugs can result in serious vulnerabilities to systems where the software is used. Hackers routinely scan for such vulnerabilities and once a vulnerability is found, will attempt to exploit it before the software developer discovers and patches the vulnerability. Updating all your software regularly will reduce the hacker’s opportunity to exploit vulnerabilities in your systems.

    Many modern commercial off-the-shelf software have automatic updates, some even have this enabled by default while others require you to manually enable this feature. The general rule is to enable automatic updates with one key exception, if your system uses customised software. Occasionally customised software relies on third-party software libraries. If these third-party libraries are updated and routines relied on by your customised software are depreciated (ie made obsolete), your customised software may suddenly stop working. Responsible developers of customised software will have their own updates to avoid this situation, but it is always prudent to check with them.

    Practice Password Hygiene

    Passwords enable a user to access important accounts and data, making them an attractive target for hackers. Further, just about everything about passwords is inconvenient, from creating them, remembering them, and using them. On one hand they cannot be too simple otherwise they can be easily cracked. On the other hand, they cannot be too complicated otherwise they will be forgotten. So, some password hygiene tips.

    First, use strong passwords. The recommendation is to have at least 12 characters mixing uppercase and lowercase letters with numbers and symbols. Popular these days is to use a passphrase comprising a few words strung together. As such phrases are easier to remember, users are less likely to write them down. An example is a passphrase like “2minutE1@QquiZ”, ie “Two minute Ten Question Quiz”. The Cyber Security Agency (CSA) of Singapore has a webpage (at https://www.csa.gov.sg/gosafeonline/Resources/Password-Checker where you can check the strength of your password. Use it.

    Second, use different passwords for different accounts. A big No! No! is using the same password for your personal and corporate accounts. While this may make remembering the passwords difficult, there are tricks that can be used to make this easier. As an example, use a passphrase like “2minutE1gma@QquiZ” for your gmail account and “2minutE1yah@QquiZ” for your yahoo account.

    Third, enable and use 2-factor authentication (2FA) wherever possible. Modern 2FAs is as simple as receiving a one-time passcode on your mobile device. Most organisations, including Google and Microsoft, offer 2FA free of charge.

    Fourth, do not share your passwords with anyone and do not write them down. If you need to grant temporary access to anyone, change your password to a ‘throw-away’ password. Once the need for that temporary access is over change the password back to a more lasting one. Remember that some systems do not allow you to recycle old passwords. So, you may have to change your password from “2minutE1@QquiZ” to “3minutE1@QquiZ”.

    Fifth, do not login to online services over an unsecured wi-fi network. If you are unsure about the ‘free’ wi-fi network, make use of the hotspot feature on your mobile-phone. You can then tether your laptop or tablet to your mobile-phone hotspot.

    Sixth, change your passwords regularly. The recommendation is to change them every 90 days. However, many users will find this too troublesome.

    Seventh, consider using a password manager. Having a unique password for every account or service that must be changed every 90 days will mean a lot of passwords to manage. Unless you have perfect memory, you will need something to help you remember these complex passwords. The temptation to writing them on a sticky note attached to the back of the monitor should be resisted. Instead consider using a password manager. These secure applications store all your unique passwords and can generate new strong passwords as needed. Many password managers can sync the information across multiple devices so you will never be without the correct password when they are needed. Another great feature many password managers have is website verification. If you click on a phishing link instead of the real one, the password manager will not auto-fill your password.

    Learn how to Spot Phishing Scams

    Here are some of the signs to look out for to determine if there is a possible phishing scam.

    (a) The message has mismatched or misleading information.

    One of clearest indicators of a phishing scam is when the information in the message is wrong. As a simple example, the message asks you to confirm your payment instructions to Bank A. However, you do not have any account with Bank A or that you had not issued any payment instructions in the past few days. That message is very likely a phishing scam.

    The more sophisticated hackers are more subtle. They will attempt to mislead you into believing that the information you see is genuine. Therefore, you need to examine the information closely.

    If the message asks you to click on a link to a website, check the website address carefully. Better yet, re-type the website address into your web browser from a source that you know is correct. Hackers often create phishing websites with web addresses (or URLs) that are visually similar to the genuine websites. This technique is called a homograph attack or script spoofing. A simple example is when the web address substitutes a “0” (ie zero) for an “O” or a “1” for an “l”.

    More sophisticated methods substitute either Cyrillic or Greek characters for our usual Latin ones. An example of this is the word “bank” compared with “bаnk”, the first using the Cyrillic character for “a” while the latter is the usual “a” of our Latin character. The Cyrillic letters – а, с, е, о, р, х and у  – are those that you should look out for because of their visual similarity to those that we are used to. The latest versions of popular browsers have built-in protection against most homograph attacks.

    Sometimes, the link ‘as shown’ in the body of the message appears to be a legitimate one. However, if you click on the link, you will be brought to another website. If you move (or hover) your mouse over the link before clicking, a small window will pop-up showing you the true destination. If the two links (the ‘as shown’ link and the link shown when you hover the mouse) are different, it is a strong indicator of a phishing message.

    A similar technique is also used for email addresses, they may look similar to, but are in fact different from an organisation’s official email. Hover your mouse over the email to see the true address. Also check the cc or bcc lists to see if there are any unusual addresses. Unusual emails in such lists is a sign of a ‘man-in-the-middle’ attack. A ‘man-in-the-middle’ attack is when the attacker secretly relays and alters the messages between 2 legitimate parties who believe that they are directly communicating with each other when in fact they are referring to the ‘man-in-the-middle’.

    (b) The message uses urgent or threatening language.

    Hackers also use urgent or threatening language in their messages. It’s a social engineering trick. Urgency can mean you act before you think. Hackers often use words like “Urgent action required”, “Your account will be terminated”, “This is your boss. Transfer money to me urgently.” The fact that the message is unexpected helps create that sense of urgency. Take your time. There is in fact very few situations when you need to respond to any message immediately.

    Other tricks used by hackers to create a sense of urgency include saying that they’ve noticed suspicious activity or login attempts, claiming that there is a problem with your account or payment, saying that you need to confirm some personal or financial information, claiming to be from some government authority who requires you to respond immediately, or issuing some ultimatum.

    (c) Promise of attractive rewards

    If it is too good to be true, it probably is. Phishing messages often offer amazing deals or rewards, again to encourage you to act before you can think. A recent technique used is to ask you to complete a survey (which will have questions about your personal and financial information) for a chance to win attractive, but not so ‘amazing’ that it would be suspicious, prizes.

    (d) Request for confidential information

    Nowadays, most organisations do not ask for your confidential information to be sent via unsolicited email or unsolicited calls. If the caller or sender claims to be from your bank and asks for your NRIC number or bank account number, be careful. Inquire further. Most scammers will not be able to respond properly to such inquiries.

    On the other hand, it is possible to be over cautious. Banks, as part of their security protocols, often ask you for certain information to verify your identity. So, if the caller asks for such information, is the caller legitimately from the bank or is the caller a scammer? When in doubt, contact the bank directly using the contact information from a legitimate source. Don’t rely on the contact information in the suspicious email.

    (e) Unexpected emails & suspicious attachments

    Hackers send out millions of emails in the hope that someone responds. Don’t be that one. If you receive an unexpected email and have identified it as a phishing email, do not click on any link or attachment. Instead delete it to prevent any accidental clicking. Also notify your IT provider so that the email address can be added to the organisation’s spam or blocked list.

    Training & Keeping up to Date

    The final suggestion in this basket is training, not just of the IT staff but also the general staff and senior management. Do the training regularly since people need reminding and hackers keep updating their techniques. Learning how to counter these new techniques is important.

    In addition, you should also keep up to date with the latest happenings in the cybersecurity world by checking or subscribing to resources provided by the PDPC, SingCert, and many of the major software or cybersecurity companies. These resources provide information about the latest vulnerabilities or hacks and their solutions or patches.

    You will also need to reassess your processes on a regular basis to deal with the newer techniques used by hackers or newly discovered vulnerabilities that have yet to be patched.

    In the fourth and final part of this series, we will discuss about the other steps that can be taken to reduce the chances of you being a cybersecurity victim.

    If you have a need to seek legal advice on your cybersecurity situation or just require legal assistance in any way, please reach out to us at enquiries@otp.sg or +65 64383922.

  • Building A Mediation Practice Networking Event

    Building A Mediation Practice Networking Event

    PracticeForte is pleased to present Building A Mediation Practice Networking Event. Hear directly from a special guest who speaks about her personal experiences from the perspective of a client using mediation in their resolution. During the second segment, attendees might be divided into smaller groups for discussions and more networking opportunities.

    Click here to register Now:

  • The Life-Cycle of a Start-Up: From Cradle to Grave (Part 3)

    The Life-Cycle of a Start-Up: From Cradle to Grave (Part 3)

    Article by Lim Seng Siew.

    Businesses do get married. There are a number of terms used to describe the various forms of business ‘marriages’: acquisitions or takeovers, mergers, joint ventures are among the common terms. Dealing with each in turn.

    Acquisitions or Takeovers

    An acquisition or takeover happens when one company (the acquirer) acquires most or all of the shares of another company (the target) to gain control of the target company. Most of the time, the acquirer pays cash for the target’s shares. Sometimes, the acquirer swaps its shares for the shares of the target company, termed ‘shares-for-shares’ swap.

    ‘Shares-for-shares’ swaps that result in the acquirer becoming a subsidiary of the target company are known as ‘reverse takeovers’. This often happens when a privately held company (technically, the target but in actual terms, the acquirer) with strong prospects ‘reverse’ acquires a listed shell company (technically the acquirer but in actual terms, the target) which has no legitimate business operations and limited assets.

    While in theory all the acquirer needs is to acquire 1 share plus 50% of the target company’s issued shares (ie 50% + 1) to gain control of the target, in practice this rarely happens. This is especially so when the target company is privately held, ie not listed on any stock exchange. Why would you, as a seller, give up control of your business to another without realising a substantial immediate financial gain? After all, there is always the possibility of the business failing because the acquirer doesn’t understand your business.

    Most acquisitions of privately held companies are friendly and happen with the mutual agreement of both the acquirer and the shareholders of the target. This does not mean that the negotiations for the deal will therefore be easy. Each party will still negotiate hard to extract the maximum gain from the deal. However the hard bargaining should be tampered by the bigger picture of the mutual benefits that can arise if the deal is successful.

    Some acquisitions can be hostile, commonly termed as ‘hostile takeovers’. The shareholders of the target company do not agree to the takeover. For listed companies, there are rules governing parties’ conduct during a takeover. The rules ensure transparency and fairness for all concerned in the deal. Takeovers of listed companies, especially hostile takeovers, are beyond the scope of this article.

    Mergers

    Closely related to an acquisition is a merger. In a merger, 2 separate business, usually of almost equal characteristics (in terms of size, market share, employees, scale of operations etc), join together to form a new legal entity. The 2 original businesses are usually dissolved after the merger is completed.

    Joint Venture

    A joint venture (or JV) is a business arrangement in which 2 or more parties agree to pool their resources for a specific project. The participants of a JV maintain their own businesses. The JV can be in the form of a separate company (JV Co) in which the participants are its shareholders. It can also be a partnership or a mere contractual arrangement commonly termed ‘consortium’.

    Once the project ends, often the JV Co is liquidated, the partnership is dissolved or the consortium disbanded.

    Other Forms of Business ‘Marriages’

    Sometimes, instead of the acquirer acquiring the shares of the target company, only the assets, contracts and businesses of the target company are acquired, ie ‘asset acquisition deals’. This typically happens when the target company is facing bankruptcy proceedings.

    There is also a management buyout, ‘MBO’ for short, where the company’s executives purchase a controlling stake in the company.

    There is another form of a deal called “Acqui-hire’ where the acquirer is not really interested in the business of the target but in the talent (ie key personnel) in the target company.  It happens fairly often in the start-up world where talent is in short supply. Acqui-hires are also used as a ‘soft landing’ by the start-up’s founders and employees when the start-up fails to raise more money for its needed capital. The irony with ‘acqui-hires’ is that the team from the failed start-up enters the office of the acquirer in an elevated position, with lots of money and guaranteed employment contracts, all thanks to a business that went broke.

    We have talked about what the various terms mean in a business ‘marriage’. In the next part, we will talk about the processes involved in an acquisition.

  • Proud to be at the International Dispute Resolution Event: The Way Forward, The Way to Peace in Philippines

    Proud to be at the International Dispute Resolution Event: The Way Forward, The Way to Peace in Philippines

    Wish we were there in person but it was nevertheless an informative and interesting session even as we watched it online. An event to be proud of, PracticeForte is honoured to have been a partner of International Dispute Resolution: The Way Forward, The Way to Peace, held on 29th March 2023 at the San Sebastian College Recoletos, Philippines. Thank you @ Rodel Taton and congratulations on hosting a successful event at your college.

  • Building A Mediation Practice Part 2 Thank You Christoph, Joel and Andrew for Your Humour, Synergy and Insights

    Building A Mediation Practice Part 2 Thank You Christoph, Joel and Andrew for Your Humour, Synergy and Insights

    PracticeForte is grateful that our mediation journey stands on their shoulders. We are so proud to have presented yet another great session of our Building A Mediation Practice Series – Part 2: For Mediators, Mediation Advocates, Mediation Trainers. From the bottom of our hearts, we thank our Board of Advisors, @ Christoph C. Paul, @ Joel Lee, @ Andrew Goodman, for your humour, synergy and invaluable insights.

  • Cyber-hygiene and Phishing Part 2: Planning Ahead for an Attack

    Cyber-hygiene and Phishing Part 2: Planning Ahead for an Attack

    by Lim Seng Siew, Director OTP Law Corporation

    In the first part, we talked about what is a phishing attack. In this second part, we will talk about what to do if you are a victim of a hack.

    Steps to Take When an Incident Occurs – C.A.R.E.

    The PDPC has a very convenient 4-stage data breach management model under the acronym C.A.R.E. which stands for “containing” the breach, “assessing” risks and impact, “reporting” the incident and “evaluating” the response and recovery to prevent future breaches.

    The Data Breach Management Plan

    The 4-stage CARE model should be in your Data Breach Management Plan (sometimes called Incident Response Plan) and you should have a plan, even if you are a one-man operation. When a breach occurs, things are likely to move fast and will be chaotic. Planning ahead will help reduce the confusion and stress. Further, the plan should be in writing. In a chaotic situation you will forget. Therefore, when a suspected breach is detected, just whip out the plan and follow the steps listed. Remember that the plan need not be perfect. The Evaluation stage also involves re-evaluating your always ‘imperfect’ plan and refining it if necessary.

    It’s also not enough to have just a plan. Equally important is to test the plan with ‘dry-runs’. The dry-runs will familiarise your staff with the plan and identify any kinks or shortcomings with the plan. A practical tip is to have the dry-run as one of your office’s team building exercise. With a bit of imagination, it can be fun.

    Contain the Breach

    Act to contain the breach as soon as you are aware of a data breach. In earlier times, this can be to simply turn everything off. In today’s world, this may not be an option especially if some of the technologies used by your business involve cloud services. And even if you can turn the equipment off, at some point in time you will need to turn them back on. So other steps are still necessary.

    To contain the breach, your first step will be to change the passwords, not just of the hacked account but all others as well, especially when these other accounts use the same password.

    Next, do a full system scan with anti-malware apps to detect if any malware has been installed in any of the computers or devices used in your business. You need to know ALL the accounts and ALL the computers and devices used. So, the plan must have an updated list of all these accounts and equipment.

    Alert your banks and credit card companies. If necessary, change or stop your credit cards. You can do this while the scan is ongoing. The contact information of your banks and credit card companies should be in your plan. You should also monitor all your accounts for any suspicious activities.

    Call your IT provider (internal IT staff or an external service provider) for assistance and notify your cybersecurity insurer. These insurers will have the necessary experts on call to assist you with the more complicated containment and assessment situations. Further, they can advise on other precautions to take as their other customers may also be victims of the same hacker.

    Ask your IT provider to preserve the evidence of the hack or compromise such as the phishing email from which the attack started from, the system log files that record how the attack progressed, and/or the malware that was installed on your systems.

    The steps you take in the containment stage is focused on preventing further compromises, determining the extent of the breach, and implementing mitigating measures to minimise the impact of the breach.

    Assess Risks and Impact

    The second stage is to assess if your containment is working or if the hacking is still going on. If the hacking is still on going, then you should continue with the containment efforts until the hacking has stopped.

    Once the containment efforts are successful, then a deeper assessment of the data breach should be undertaken. That deeper assessment covers discovering the root cause of the breach, the effectiveness of the containment actions, and the effectiveness of any technical protection (eg encryption) of the data. Assistance from your IT provider or cybersecurity insurers is usually required to do this.

    In parallel with the technical assessment must be an assessment as to who needs to be informed of the incident. The steps taken to assess if the data breach is a notifiable breach under the DBNR must be documented as the PDPC may take enforcement action against you if they deem that there has been an unreasonable delay in that assessment.

    Report the Incident

    The next stage is to Report the incident. You should have determined during the assessment stage who should be informed.

    You should report the incident to the Police if a crime is suspected, to the PDPC if the breach involves personal data and is of a significant scale or causes significant harm, and to SingCert (Singapore Computer Incident Response Team) if it is a cybersecurity incident, and to the regulator of your business sector, if there is such a regulator. The PDPC also has a voluntary reporting scheme even if the incident is not a mandatorily notifiable one.  An incident or breach need not be a cybersecurity incident. As an illustration, if physical documents are stolen and those documents contain customer’s confidential information and/or personal data, the police and the PDPC should be informed but SingCert need not be informed since it is not a cybersecurity breach.

    The individuals whose data or information are compromised should also be informed. The PDPA requires the affected individuals to be informed as soon as possible, at the same time or soon after notifying PDPC. However, bear in mind that there could be some exceptions. As an example, if adoption information is involved, consider carefully whether certain individuals should be informed as the adoptee may not know that he or she is adopted.

    The PDPC Guide on Managing and Notifying Data Breaches says that you have 30 days to determine if it is a notifiable breach. Any longer will have to be justified to PDPC. However, once it is determined that there is a notifiable breach, you must report to PDPC within 3 days. The PDPC has a webpage (at https://eservice.pdpc.gov.sg/case/db where reports can be made.

    Except for the requirements by the PDPC, there are no hard timelines for when an organisation must notify other parties. However, you should do so as soon as possible. You don’t want to explain to the affected customers why you took 3 months to notify them. Explaining to them about the incident is already difficult enough.

    Evaluate the Response and Recovery

    The final stage is to Evaluate how you responded to the incident. Do that after the chaos has reduced and the reports made. This is so that you can deal with the next incident better.

    Things for you to consider in your post-breach evaluation include:

    1. Determining the cause of the incident. Are there signs that should be monitored to prevent another similar incident? Are there weaknesses that can be strengthened?
    2. Evaluating the effectiveness of the initial containment actions. Are there weaknesses that can be strengthened?
    3. Evaluating the Data Breach Management Plan. Does the plan need to be updated?
    4. Evaluating the effectiveness of external parties like your IT provider or cybersecurity insurer. Were they able to effectively support you during the incident? What feedback can you give them? In a more drastic situation, you might have to consider engaging a fresh set of external parties.
    5. Evaluating employees’ response. Were employees aware of security related issues? Were the key employees (like your internal IT team) given sufficient resources to manage the incident? Is additional or refresher training required?

    Thus far, we have been dealing with what to do after an incident has occurred. In the third part of this series, we will discuss what are the simple steps to take to reduce the chances of being a victim of a hack.

    If you have a need to seek legal advice on your cybersecurity situation or just require legal assistance in any way, please reach out to us at enquiries@otp.sg or +65 64383922.

  • PracticeForte Partners International Dispute Resolution: The Way Forward, The Way to Peace in Philippines

    PracticeForte Partners International Dispute Resolution: The Way Forward, The Way to Peace in Philippines

    PracticeForte is proud to be a partner of the 29th March 2023 event, International Dispute Resolution: The Way Forward, The Way to Peace, to be held at the San Sebastian College Recoletos, Philippines. We are looking forward to our affiliate, Dean Rodel Taton’s opening message and the presentation of the 2022 Philippines’ Final Report on The International Dispute Resolution Survey.