In Bloomberg BNA, Ropes & Gray Attorneys Provide Practical Tips from Recent Data Security Breach Litigation
In an article published by Bloomberg BNA’s Privacy and Security Law Report, Ropes & Gray attorneys examine decisions in recent private data security breach cases to extract practical tips for in-house counsel looking for ways to reduce data breach-related exposure. The article specifically expands upon the five tips, which examine how:
- Anything your company says about the strength of its data security measures may be used to support deception-based claims.
- Anything your company says about the extent of a breach may be relied on by courts to determine whether consumers were sufficiently ‘‘injured’’ to have standing to sue.
- Your company’s offer of credit monitoring to consumers whose information may have been compromised may be treated as an admission that those consumers face an imminent risk of injury.
- How your company structures an internal investigation into a data security breach can significantly impact whether related documents and communications are protected by the attorney-client privilege or work product doctrine.
- The ability of companies that suffer data security breaches to obtain reimbursement for the costs associated with the response and with defense costs, settlements, and/or judgments depends on whether adequate insurance coverage has been purchased in advance.
The article was authored by Ropes & Gray privacy & data security associate Lindsey Sullivan.