Cybersecurity » Data-Breach Q&A With A Class-Action Lawyer

Data-Breach Q&A With A Class-Action Lawyer

April 27, 2015

Fear of future injury hasn’t fared well as the basis for a claim when the injury is a medical problem that may be linked to chemical exposure, but that paradigm doesn’t hold when it come to data breaches. John Yanchunis, one of the country’s  most successful consumer class action attorneys, notes that it can take years for stolen customer information to percolate through the black market, and consequently there have been numerous cases in which the threat of future injury is recognized. He looks at this and other recent developments in cyber-plaintiff law, including some cases involving privacy violation by way of “big data” collection, for use in targeted advertising. Regarding what companies can do to avoid cyber-breach litigation, his advice is remarkably similar to that of the consultants and defense attorneys: Protect data with best methods available, including encryption and proper staff training, monitor the data closely and – perhaps most important when it comes to defusing the potential for an expensive plaintiff suit – when there is a breach, don’t delay informing consumers who might be affected.

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