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.