Gonzalez Lawyers, Judges Debate Data Breach Costs
March 25th, 2010A new filing on Wednesday (March 24) from TJX had the chain refusing to offer the specifics behind its loss claims in an attempt to fight a federal subpoena. Attorneys on both sides raise some legitimate questions about how to fairly calculate the cost of a breach. Is it limited to what is taken or to what the thief attempts to take? Should the loss include what was actually—and successfully—accessed, or should it assume that when a card with a $10,000 limit is taken, a $10,000 loss—regardless of what the thief did—should be recorded? If class-action lawsuits are filed (and they will be filed), should the cost of lawyers and courthouse travel be included? What about payment for additional security? And perhaps a new POS system that includes that better security?Read more...