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Analysis

Rise Of Nation-State Hacks Doesn't Give Cos. A Free Pass

Law360 (June 12, 2019, 9:46 PM EDT) -- Businesses may try to escape liability from cyberattacks by blaming skilled, nation-state-backed hackers, but attorneys on both sides of the bar say attribution likely won't matter if a company had subpar digital defenses.

The growing revelation that foreign governments are sponsoring headline-grabbing hacks does, however, complicate the question of what it means for a company to take "reasonable" steps to prevent or mitigate damage, and the issue of whether customers of a breached firm can argue they've been harmed.

Companies might attempt to argue that it's unreasonable to expect them to prevent cyberattacks from well-financed operatives from places like China, Russia and...

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