Cybersecurity Litigation: Consumer Data Protection and Privacy, with 2016 Supplement

Offering an in-depth analysis of a vitally important area, this treatise assists lawyers and clients in avoiding litigation by taking appropriate precautions, or if litigation cannot be avoided, responding to lawsuits in the most effective way possible.





The unparalleled growth of the Internet is matched only by the unparalleled explosion of statutes, regulations, rules, judicial opinions and commentaries dealing with cybersecurity. Cybersecurity is now a vitally important issue for any company handling sensitive consumer data.   

Attorneys and the companies they represent need to know what they are facing in terms of potential liability, and how they can mitigate those risks. Cybersecurity Litigation: Consumer Data Protection and Privacy is useful not only to those who are already in litigation, but also to those who are advising on or setting up cybersecurity programs, and trying to determine whether these programs are satisfactory.   

Cybersecurity Litigation: Consumer Data Protection and Privacy contains in-depth discussions of:

  • the liability facing companies, boards of directors and other employees responsible for cybersecurity and the recent cases applying those principles
  • necessary internal controls
  • a wide range of litigation issues, tactics, and strategies, including standing, damages, and affirmative defenses such as causation
  • a summary of the statutory schemes and governmental guidance that govern or advise on this new and emerging area of law
  • special chapters focusing on the financial services and health care industries which face additional challenges

Supplement Information:

 The 2016 Supplement includes discussion of: 

  • The Cybersecurity Act of 2015, on sharing of information on cyber-intrusions
  • The FTC’s actions in the Wyndham hotels case related to cybersecurity controls
  • Continuing guidance from federal agencies emphasizing internal controls, training, education, and expertise, even at the board level, as well as the need for private enterprises to invest in infrastructure
  • More aggressive data gathering actions by law enforcement and The USA Freedom Act of 2015
  • The latest developments in litigation tactics and strategy
  • Updates to federal and state laws governing security




Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.
Samuel Rosenthal is the Global Chair of the Government Investigations and White Collar practice group at Squire Patton Boggs LLP. He has argued cases in every federal court of appeal in the United States, and several of them have resulted in landmark rulings. He has also represented numerous directors, officers, and entities involved in the financial services sector. Before entering private practice, Mr. Rosenthal served as the Chief of the Appellate Section, Criminal Division, with the Department of Justice in Washington, DC. Prior to serving in that position, Mr. Rosenthal was an Assistant U.S. Attorney in the District of New Jersey. He also served as Associate Independent Counsel to the U.S. Senate in the investigation into the leaks of Senate Information relating to Anita Hill and the “Keating Five.” Mr. Rosenthal has often lectured and written on liability facing those persons affiliated with financial institutions. A number of organizations have identified Mr. Rosenthal as one of the leading members of the bar in white collar matters and government investigations. In June 2015, he was profiled in The National Law Journal ’s “Regulatory & Compliance Trailblazers” series.


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