Standard of Care & Regulatory Compliance in Data Breach Litigation

Standard of Care & Regulatory Compliance

IP Expert Witness addresses the regulatory and industry-standard dimensions of data breach matters — the questions of whether an organization’s security program met its legal and industry obligations.

Services

Standard of Care Opinions — Evaluating whether an organization’s cybersecurity posture, security controls, and incident response actions aligned with industry standards such as NIST, ISO 27001, PCI-DSS, and HIPAA.

Regulatory Compliance Assessment — Assessing compliance with privacy and data security regulations, including GDPR, CCPA, HIPAA, PCI-DSS, BSA, and Dodd-Frank.

Pre- & Post-Breach Security Posture Evaluation — Assessing the reasonableness of security measures in place before a breach and the adequacy of remediation efforts afterward.

Pixel Tracking Privacy Assessment — Assessing privacy implications of pixel tracking and similar technologies.

Insurance Claim Support — Providing expert analysis to support cyber insurance claims, including technical causation and loss attribution.

Why This Matters

Negligence claims in data breach litigation frequently turn on whether an organization’s security program met the applicable standard of care at the time of the breach, not simply whether a breach occurred. Answering that question requires direct familiarity with the relevant frameworks and how they are actually applied in practice, not just knowledge that they exist.

How Engagement Typically Works

Engagement typically involves reviewing the organization’s security policies, controls, and incident response documentation against the applicable standards and regulations, then preparing a written opinion on whether the organization’s posture and response were reasonable under the circumstances.

When to Engage

Early engagement allows the standard-of-care analysis to inform both liability strategy and settlement discussions before positions harden.