Thanks to professor and attorney Larry Buck for inviting me to speak today about Data Breach & Cyber Security Law at Florida Atlantic University.

We discussed:

1.  Standing: how the Clapper case was filed too soon, they lost in the Supreme Court, and then three months later it was revealed, beyond their predictions, how broadly the government was conducting surveillance.  Likely contrary to their intentions, that precedent (ignored at the time) now sets a high bar for people claiming to be damaged by data breaches.
2. Four Cases: How four different courts have handled the question of standing in data breach cases (two in Florida).
3. How will the courts rule in the UCF Data Breach cases?
4. Data breach litigation is the new asbestos or cigarette litigation: What happens when everyone is affected by data breach?

The powerpoint presentation is Data Breach 2016

If you want to read the cases cited, most of them are here.

The handouts are:

1.  Nine Ways That Companies Are Getting Hacked, here.
2. The Government Can Sue Your Company for Negligent Cybersecurity, here.
3. Four Lessons from Dismissal in Michael’s and SuperVALU Cases, here.
4. The Database Software Says It is “Encrypted” But Is It? here.