Looking Beyond Courthouse To Resolve Data Breach Disputes

Law360, New York (September 16, 2016, 1:19 PM EDT) -- Daniel B. Garrie

Yoav M. Griver As the number and severity of data breaches have increased in recent years, there has been a corresponding rise in data breach litigation in courts across the United States. After any given data breach, lawsuits are filed and attorneys begin preparing for multiyear dogfights in the courtroom. While there is certainly value in litigating these claims (for example, by helping draw Congressional and regulatory attention to the issue of cybersecurity), alternative approaches, such as arbitration, offer many benefits unavailable in the courtroom setting.

The primary drawbacks of litigation have always been time, cost and uncertainty....

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