As we’ve discussed at some length, privacy and data security laws create significant litigation risk for businesses. Individuals, other businesses, and federal and state regulators can and do sue when they believe a business violates these laws. Those same laws can also create risk in the conduct of litigation, even […]
Around this time last year, we discussed a proposal by North Carolina Attorney General Josh Stein and Republican state representative Jason Saine to overhaul North Carolina’s data-breach law. That proposal didn’t get much traction: no bill was ever formally presented to the legislature for consideration. On January 17, Attorney General […]
We talk a lot on this blog about data-breach lawsuits that arise from breaches in which a hacker targeted and stole personal information from a business. Also common, though, are situations in which a business fails to secure data, but then discovers and corrects the issue before hackers steal anything. […]
We’ve discussed before the challenges that a business might face if it files a lawsuit after a data breach. This post focuses on one particular challenge: the economic-loss rule. That rule prevents plaintiffs who suffer economic losses stemming from a contract from trying to recover those losses through non-contract claims. […]