Should Victims of State-Sponsored Hacking Be Liable for Personal Data Breaches?

Modern warfare is being fought digitally with suspected state-sponsored attacks now commonplace for major organizations, putting companies at the forefront of international conflicts. These attacks often bring a level of sophistication and tenacity that is not found in traditional criminal cyber attacks. In this guest article, Orrick partners Keily Blair, James Lloyd and Seth Harrington discuss to what extent private companies should be held liable when personal data is compromised and what steps organizations would be expected to take to defend themselves against these increasingly common attacks. See “Managing Legal Risks to U.S. Companies From Foreign Cyberattacks” (Jan. 22, 2020).

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