September 19, 2019 Feature

Article III Standing in Cyber-Breach Litigation

By Marcello Antonucci, Jana Landon, Chad Layton, and Darin McMullen

No organization is immune from the risk of a cyberattack. Unfortunately, news of cyberattacks has become commonplace, and such attacks have impacted organizations of all shapes and sizes. It is without question that the risk of a cybersecurity breach is significant, and here to stay. As former FBI director Robert Mueller said while speaking at a cybersecurity conference in 2012, “there are only two companies: those that have been hacked and those that will be.”1 The evidence is compelling that a breach can impact significantly a company in terms of lost reputation, additional costs, and lost business. Not surprisingly, a vast amount of litigation has resulted as a consequence of this risk.

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