Developments in Data Breach Litigation: How to Bring Order Out of Chaos and Limit Exposure

Data breaches have become ubiquitous. Companies of all sizes, including nonprofits, are now routinely victims of hacking, phishing, ransomware, lost or stolen laptops, or a host of other data breaches. These incidents can have far-ranging implications for the nonprofit, including both private litigation and governmental enforcement actions. The law is rapidly developing in this area.

Our presentation focused on the evolution of law in the area of data breach litigation. We identified a number of areas where nonprofits can be proactive in mitigating exposure, and we also provided an overview of how nonprofits can manage and limit exposure if litigation does ensue.