Blog Post / Financial Services Law Advisor
Lessons From Recent Data Security Cases
By Randy Gainer
11.22.13
At LSI’s Second Annual Mobile Payments Law Conference in Palo Alto, CA, DWT partner Randy Gainer gave a presentation entitled “Lessons From Recent Data Security Cases.” The presentation focused on the following topics:
- What types of alleged damages allow data breach plaintiffs to avoid dismissal of their claims?
- Does the economic loss doctrine bar card issuers’ negligence claims against hacked merchants and processors?
- Does the FTC have jurisdiction to issue unfair practice complaints related to data security?
- What must card brands establish to justify fines and assessments against merchants for violating the PCI DSS?
- Are criminal prosecutions the only recourse against hackers?
To view the presentation materials, click here.