More on the Edelson overpayment theory suit against a Chicago law firm. As the article notes, Edelson is pushing the theory as applicable based solely on an entity’s failure to take reasonable measures to protect a client’s data, even absent an actual breach compromising that data. They hook is a firm’s representation that it will protect the data. For law firms that is reinforced by the ethical obligation to maintain client confidentiality. a topic we discussed at length in our December 2 program.
Facing a Data Breach Suit Without the Data Breach ‘Scary.’ | Legaltech News
About the Author: Brian Ray
Professor Brian Ray has extensive experience in eDiscovery, information governance and data privacy. He and Candice Hoke created and serve as Co-Directors of the Center for Cybersecurity and Data Privacy at Cleveland-Marshall College of Law, where they are Professors of Law. Brian co-founded, with Tim Opsitnick of Jurinnov, the Cleveland eDiscovery Roundtable, an informal group of lawyers, judges and academics that meets monthly to discuss issues surrounding electronic discovery, cybersecurity and data privacy issues. Professor Ray is a member of the Sedona Conference's International Electronic Information Management, Discovery and Disclosure and Data Security and Privacy Liability Working Groups. Professor Ray also is an expert in international and comparative law. His book, Engaging with Social Rights: Participation, Procedure and Democracy in South Africa's Second-Wave (forthcoming Cambridge 2016) provides a comprehensive analysis of the South African Constitutional Court's social rights decisions. He has served as a Fulbright Scholar in South Africa and has published extensively on the law of human rights.