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Kirk Nahra Discusses Lawsuits Prompted by Cyberattacks on Companies

The National Law Journal
March 2, 2015

Kirk J. Nahra, chair of Wiley Rein’s Privacy Practice and co-chair of the Health Care Practice, was quoted by The National Law Journal in today’s article about lawsuits filed against companies that experience cyberattacks.

Such cases are often dismissed because of the plaintiffs’ inability to show they were actually injured by the data breaches, NLJ reported.  Plaintiffs’ attorneys have to overcome a “solid wall” of decisions finding that plaintiffs without injuries lack standing to sue, Mr. Nahra said.

Last month’s cyberattack against health insurer Anthem Inc., which affected 80 million people, has prompted more than 40 lawsuits.  But even with the potential release of confidential medical information, Mr. Nahra said the cases against Anthem face major obstacles because “judges have said the mere increased likelihood of harm is not enough.”

Still, companies face increasing pressure to settle such lawsuits, according to the article.  “If my chances of winning are 80 percent, but losing is 20 percent, when 80 million people are involved, I don’t know if you take that risk,” Mr. Nahra said.

To read the article, click here (subscription required).