For some time, observers (including me) have been discussing the extent to which the rising numbers of corporate data breaches would translate into to D&O litigation. There of course have been some data breach-related D&O lawsuits; indeed, plaintiffs’ lawyers have recently for the first time managed to secure some success with these kinds of suits – as discussed here, Yahoo recently settled a data breach related securities class action lawsuit for $80 million. In light of the Yahoo settlement, the possibility for further data breach-related D&O litigation seems likely. But as I was reading the complaint in a securities class action lawsuit filed earlier this week against Facebook, I began to think that a related but slightly different data security-related concern might actually present an even more significant risk of future D&O claims.
‘Enforcement 40’ for 2020
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