The Breach-Related Derivative Suit Trend Continues

Law360, New York (September 15, 2015, 10:51 AM EDT) -- In early 2014, when plaintiffs initiated data breach-related derivative lawsuits against the boards of Target Corp. and Wyndham Worldwide, there was some speculation that these cases might be the first of what could become a wave of data-breach related directors and officers lawsuits. But then, the Wyndham Worldwide case was dismissed and no new data breach-related D&O lawsuits followed, even though there were several high-profile data breaches after that time (including Sony Entertainment, Anthem and Home Depot). Although many predicted that more D&O lawsuits were to come, the suits themselves did not materialize. There were, however, some suggestions that a lawsuit against Home Depot might eventually arrive, as a plaintiff initiated a books and records action in the Delaware Chancery Court against the company....

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