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Patricia O'Connell
Senior Communications Manager

Kirk Nahra Comments on ‘Under the Radar’ Privacy Litigation Development

January 28, 2016

Kirk J. Nahra, chair of Wiley Rein’s Privacy Practice and co-chair of the Health Care Practice, was quoted in a January 26 Law360 article focusing on important privacy litigation developments that may have flown under the radar in the wake of landmark settlements in the Target and Wyndham data breach suits, and other high-profile news.

One key case introduces a new type of liability for information security companies, according to Law360. The suit was launched in December 2015 against cyber forensics firm Trustwave Holdings Inc. by Las Vegas-based casino operator Affinity Gaming LLC, which accused Trustwave of failing to properly investigate and remedy Affinity’s 2013 data breach. According to article, while data breach targets are usually sued by parties including consumers, financial institutions, and shareholders, it is a novel approach for a business targeted in a data breach to sue the company it had hired to help it recover from that breach.

Commenting on the case, Mr. Nahra said: “It does put some pressure on companies to strongly evaluate the claims that vendors are making, and it could have the perhaps unintended consequence of making vendors in this context more cautious overall about their conclusions, which will make it harder for their clients to make decisions about what has happened with a breach.” 

To read the full article, please click here.