Cyber Security Litigation – Claims, Defenses & Defendants

What if despite your conscientious efforts, PHI or other protected data is released or exposed, whether through employee error, internal intentional misconduct, or hostile attack from outside? What is the risk that litigation will ensue? What bases for relief exist under applicable statutory and common law for plaintiffs, and what are some of the available strategies and remedies for plaintiffs’ attorneys, including class action suits, and what are some key defensive strategies that can be pursued before or after a breach has occurred.

Robinson Bradshaw attorneys John Conley, Mark Hiller and Dickson Phillips participated on a panel addressing these questions at the 2016 Academic Medical Center Security & Privacy Conference. The panel, "Cyber Security Litigation – Claims, Defenses & Defendants," focused on the following objectives:

• Describe bases for relief available to plaintiffs whose information is exposed, and the essential elements of proof required for recovery
• Discuss the level and kinds of exposure possible to defendants, including from class action claims
• Discuss preventative measures and defensive strategies available when confronted with litigation
• Identify and discuss some of the key case law in this substantial and quickly evolving area of the law