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Patricia O'Connell
Senior Communications Manager

Kirk Nahra Comments on Damages Awarded to Electronic Health Records Vendor in Trade Secrets Case

Healthcare Info Security
April 19, 2016

Kirk J. Nahra, chair of Wiley Rein’s Privacy Practice and co-chair of the Health Care Practice, was quoted in a article about a federal jury’s decision to award $940 million in damages to an electronic health records software vendor, which had sued a consultancy alleging theft of trade secrets. The claims included breach of contract, trafficking of passwords, fraud and misappropriation of trade secrets.

“This case is an important reminder for every company about the potential impact of security breaches that don’t involve personal information,” said Mr. Nahra, who was not involved in the case. “In some ways, that’s the difference between ‘data security’ and cybersecurity with ‘data security’ focused on personal information and cybersecurity focused on overall system operations.”

Mr. Nahra emphasized that companies need to have an overall security plan to address all of their risks. “The laws and regulations tend to focus on personal data, but businesses need to be equally concerned about other kinds of data that they hold,” he added.

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