Recent Decisions Highlight Product Cybersecurity Issues

Law360, New York (November 18, 2016, 8:24 AM EST) -- Heather Sussman

Doug Meal

David Cohen Last month, plaintiffs in two product cybersecurity class actions were partially successful in surviving motions to dismiss, continuing the recent trend by plaintiffs and regulatory agencies to expand the pool of defendants in data security litigation. The cases, both from the Northern District of California, illustrate a growing trend in which public and private plaintiffs seek to hold companies responsible for alleged security defects in their products, as distinct from defects in the security of personal information held by companies on their own computer networks.

Claims of this sort, which often are premised on a...

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