Obstacles To Defining Injury, Class In Cyberattack Suits
Cybersecurity incidents are evolving and raising increasingly complex issues relating to class certification and economic impact. However, there are still many open questions with respect to the viability of consumers’ claims stemming from such attacks, as well as the amenability of those claims to class treatment.
In this article, Edgeworth Economics Partner Michael Kheyfets explores the nature of continuously evolving cyberattacks and the economic frameworks for analyzing impact and damages. Mr. Kheyfets describes considerations for assessing uninjured class members in data breach litigation, as well as the unique concept of increased risk of future harm. He also discusses the rise of ransomware attacks and the economic considerations for assessing resulting supply chain interruptions.