Shook, Hardy & Bacon Miami Partner Al Saikali authored an article appearing in a Daily Business Review “Special Report on Data Security” published on January 29, 2014. Saikali discusses developments that bear watching by companies “trying to measure and minimize the risks” of data breaches. Observing that notification laws differ among the states thus presenting uncertainties about legal obligations in the event of a data breach, Saikali suggests that monitoring pending federal legislation aiming to “unify the existing patchwork of state laws” will be important in 2014. He also points to litigation in Florida that could have the potential to shift judicial thinking about standing in data-breach cases and raise new concerns for corporate organizations.
On the litigation front, I’m watching two big issues in 2014: liability arising from data breaches and liability arising from companies’ failure to adequately disclose what information they collect about consumers and how they use that information.