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Commentary: What Constitutes Negligence in Company Data Breaches?

Amy L. Hanna Keeney of Adams and Reese writes about an opinion in a court case that stemmed from one of TheDarkOverlord’s hacks: their attack on Athens Orthopedic Clinic (AOC). I had covered that breach extensively, including commenting on the fact that AOC did not offer any free services to patients whose data had not only been stolen, but had either been publicly dumped on Pastebin and/or reportedly put up for sale on dark net markets.

As Keeney explains in her article, only one of three named plaintiffs in Collins, et al. v. Athens Orthopedic Clinicactually alleged that they had actually experienced fraudulent charges on any of their accounts, and the complaint didn’t actually claim that the fraud had a causal connection to the hack. Basically, the plaintiffs were alleging that they incurred the cost of identity theft protection, credit monitoring, and credit freezes.

Together, the plaintiffs filed a putative class action alleging (1) violation of the Georgia Uniform...(continued)
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