Cybersecurity Litigation: Consumer Data Protection and Privacy, with 2017 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.



Meet The Author


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 2017 Cumulative Supplement includes discussion of: 

  • Court decisions interpreting the Supreme Court's Spokeo decision, regarding standing in data privacy and breach cases

  • The Financial Crimes Enforcement Network ("FinCEN") requiring coordination in financial institutions between anti-money laundering efforts and cybersecurity

  • A summary of resolution agreements and civil monetary penalties imposed by the Office for Civil Rights (OCR) for violation of the HIPAA Rules

  • Discussion of OCR guidance documents covering privacy, security, breach notification, and other special topics

  • New sections covering "Loss of the Benefit of the Bargain" claims and attorneys' fees





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 a partner of Nelson Mullins Riley & Scarborough in the Washington, D.C. and New York offices. He is a member of the White Collar Defense & Government Investigations Team. He has represented individuals and entities involved in a range of white collar criminal matters, regulatory issues, and federal civil and administrative proceedings. He also represents clients in diverse industries concerning antitrust matters, including both civil and criminal proceedings. In addition to representing various private individuals and entities, Mr. Rosenthal has represented governmental entities, including the Government National Mortgage Association (GNMA), as well as the U.S. Senate while serving as an associate independent counsel. He is a former chief of the Department of Justice Appellate Section of the Criminal Division.


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