The complaint filed by Affinity Gaming against Trustwave in the United States District Court for Nevada laid out the sequence of events -- at least from Affinity Gaming's perspective. About a week after learning of the breach, Affinity signed an agreement with Trustwave to conduct a forensic investigation of the incident, and Trustwave arrived on site the next day, beginning a two-month investigation of the security incident. In January, Trustwave submitted a final report, noting that the incident had been fully contained, with malware removed.
Everything seemed to move along fine for a few months until April 2014, when Affinity hired Ernst & Young to perform a penetration test required by the Missouri Gaming Commission. During that testing, Ernst & Young uncovered suspicious activity that appeared to indicate an ongoing malware infection at Affinity.
Affinity then hired a third firm, Mandiant, to conduct a second forensic investigation based upon the Ernst & Young results. According to Affinity's complaint, "Mandiant determined that Trustwave had failed to identify the entire extent of the breach." Affinity then filed a lawsuit against Trustwave, alleging fraud and gross negligence, among other complaints. The suit seeks damages, "which exceed $100,000." As of this writing in February 2016, the case is still pending in the U.S. District Court
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Because there are so many different kinds of third parties, identifying whether they do or don’t have the right infrastructure or security protocols can be a challenge. Moreover, doing the proper due diligence needed to vet third-party vendors can be costly and time consuming.
As so many organizations rely on a variety of different providers, third parties can become the gateways to the network. In order to mitigate the risk of a breach from a third party, enterprises need to design a vetting process and understand the language of the service-level agreement in order to best evaluate their contracts.
Read more at http://www.csoonline.com/article/3085220/security/do-third-party-vendors-have-a-bullseye-on-their-backs.html