The Wall Street Journal interviewed Manatt's Donna Wilson, co-chair of the firm's Privacy and Data Security practice, for an article on a U.S. appeals court's decision to send Neiman Marcus Group LLC back to court over a 2013 cyberattack, reinstating a case that had been dismissed last year.
The Wall Street Journal reports that the reversal highlights the complicated legal issues companies face when customer data is breached, including questions concerning the degree to which customers can hold companies, and their executives, liable.
"For years, virtually all courts have said the mere risk of identity theft is not enough. You have to have an actual unreimbursed theft," said Wilson.
The ruling in the Neiman Marcus case means that companies will likely have to contend with more lawsuits after security breaches, Wilson said.
Read the article here.