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Data breach lawsuits have often struggled to match up the unique realities of data breaches with traditional theories of legal liability. A recent decision from the Southern District of Indiana, however, cut through these issues by allowing a class action claim to proceed on a theory of liability often proposed by commentators as a solution to the data breach liability conundrum but until recently almost uniformly rejected by courts: the common law theory of bailment.
For as long as there have been data breaches that expose consumer data to hackers, there have been lawsuits by consumers seeking to hold companies liable for failing to protect the data collected by or entrusted to them. These lawsuits have often struggled to match up the unique realities of data breaches with traditional theories of legal liability, and courts have often dismissed data breach claims by consumers for reasons relating to lack of standing, unclear causation, nebulous harm, and speculative damages. This problem has been especially acute for plaintiffs hoping to bring claims on behalf of a class of all consumers whose personal data was compromised in a security breach.
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Plan to Protect: Cybersecurity for Employees Before Day One
By Luke Tenery and Daron Hartvigsen
With new employees come new risks; from aspiring insider threats that intend to join a target to extract sensitive information, to insecure processes being exploited due to too much trust being placed in candidates and new hires.
Preparing Companies for Impending Data Privacy, Cybersecurity Changes
By Sarah F. Hutchins
Failing to pay attention to shifting data privacy and security regulations can be costly. Here’s an overview of what’s been happening — and what’s likely to happen next — in the world of data privacy and security.
AI Considerations for In-House Counsel
By Charmian Aw, Diletta De Cicco, Annette Demmel, Charles-Albert Helleputte, Kyle Fath, Alan Friel, Julia Jacobson, Bartolome Martin and David Naylor
Having an AI policy that outlines acceptable use, and documenting assessments that establish that AI systems are used in a manner consistent with the policy and that the benefits outweigh potential harms, can go a long way in managing legal and reputational risk.
4 Pitfalls To Avoid In Legal Operations (and How to Deal With Them)
By Brian Corbin
For legal stakeholders seeking to take their existing legal operations programs to the next level or start new programs from scratch, there are a few all-too-easy traps that can stunt growth, cost political capital and cause headaches. Having a strategic plan, budget and critical executive buy-in is not enough to avoid these four common issues.