Navigating the fast-moving and quickly-evolving area of privacy and cybersecurity (PCS) litigation is no easy task. Not only are the technological challenges emerging at a lightning-quick pace, but the legal landscape is also changing — a perfect storm for in-house counsel. In the last article, we focused on the liability standards that companies today are likely to confront in litigation over a data breach. In this article, we expand on that theme by focusing on new standards for liability that businesses may face in the future given the legislative proposals now being considered on the federal and state levels.
By focusing on new standards that might emerge, we hope to provide a guide for future-proofing current in-house practices. Given the intense media attention and public scrutiny, it is very likely that some of the proposals under consideration will be adopted. As an overview, pending legislation has the following common themes: