Bank Claims for Target-Type Breaches: Leveraging Litigation Theories, Assessing and Pleading Damages
Recovering Losses Due to Third-Party Data Breaches and Response Planning to Protect Customers' Financial Information
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will discuss current developments in bank claims against Target and other companies in connection with their data breaches affecting bank customers. The panel will discuss theories of liability for banks to recover from third parties, and the scope, assessment and pleading for damages. The panel will also outline best practices for banks to develop a business response plan for a potential data breach by a third party that compromises bank customers' financial information.
- Proactive response issues for banks faced with breaches by third parties
- Theories of liability for banks to recover against victims of data breach
- Liability of third-party data security vendors
- Scope of damages
- Current developments in bank claims against Target and developments in Heartland Payment Systems
The panel will review these and other key questions:
- What legal obligations do banks have to safeguard customers whose cards have been breached?
- What are best practices for banks in responding to third-party breaches to protect their customers?
- What are the theories of liability for banks to recover against victims of data breaches that compromise bank customer financial information?
- What are the current developments in bank litigation against Target and other businesses suffering data breaches?
Robert W. Gifford
Kane Russell Coleman & Logan
Mr. Gifford practices in the firm’s Complex Litigation Section. He trained in the trial and appellate bureaus of... | Read More
Mr. Gifford practices in the firm’s Complex Litigation Section. He trained in the trial and appellate bureaus of the New York County District Attorney's Office under Robert Morgenthau. Since then, Mr. Gifford has represented a wide variety of civil litigants, including Fortune 100 companies, and has obtained significant favorable verdicts and settlements on their behalves.Close
Kenneth C. Johnston
Kane Russell Coleman & Logan
Mr. Johnston practices in the Financial Services, Litigation, Insolvency & Creditor Rights Practice Groups... | Read More
Mr. Johnston practices in the Financial Services, Litigation, Insolvency & Creditor Rights Practice Groups and represents financial institutions in a variety of matters, including general bank operations, significant defensive litigation, credit risk management. He also practices in the Energy and Investment Fraud Practice Groups and represents individual and corporate investors in oil and gas fraud matters.Close
R. Andrew Patty, II
Prior to joining the firm, Mr. Patty was a bank director and vice-chairman of a federally chartered financial... | Read More
Prior to joining the firm, Mr. Patty was a bank director and vice-chairman of a federally chartered financial institution. He is experienced in representing financial institutions in commercial and bankruptcy litigation, civil litigation in connection with online banking software systems, and business transactions regarding payment processing systems for financial services companies. Mr. Patty is also a registered patent attorney who has prepared and prosecuted software-based business method patents for financial services companies and retail electronic payment service providers leveraging mobile platforms.Close