Large-scale corporate data breaches have unfortunately become increasingly common events, posing a variety of challenges to the companies that suffer them. A few weeks ago, a district court in Georgia dismissed one of the first shareholder derivative actions that challenged the adequacy of a corporation’s data-breach prevention strategy. While that court held that the business judgment rule shielded the company’s actions, it remains to be seen whether that position becomes the majority one.

Read the full New York Law Journal article.

Posted in Class Settlement, Securities Litigation
Tags: Customer Data Security Breach Litigation, In re The Home Depot Inc., Shareholder Derivative Actions, U.S. District Court of Georgia
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Photo of Margaret A. Dale Margaret A. Dale

Margaret Dale is a seasoned trial lawyer and first-chair litigator handling complex business disputes across a wide variety of industries and sectors, including consumer products, media and entertainment, financial services, telecommunications and technology, and higher education. A former vice-chair of the Litigation Department…

Margaret Dale is a seasoned trial lawyer and first-chair litigator handling complex business disputes across a wide variety of industries and sectors, including consumer products, media and entertainment, financial services, telecommunications and technology, and higher education. A former vice-chair of the Litigation Department, she has been recognized since 2017 in Benchmark Litigation’s Top 250 Women in Litigation.

Margaret’s practice covers the spectrum of complex commercial disputes, including matters involving contracts, bankruptcy and insolvency, securities, corporate governance, asset management, M&A, intellectual property, and privacy and data security.

Margaret regularly counsels clients before litigation commences to assess risk, develop strategies to minimize or avoid disputes, and resolve matters outside of the courtroom.

Margaret is a frequent writer, including authoring the chapter titled “Privileges” in the treatise Commercial Litigation in New York State Courts (Haig, 5th ed.), the chapter titled “Data Breach Litigation” in PLI’s Proskauer on Privacy, and the chapter titled “Perfecting the Appeal” in PLI’s Principles of Appellate Litigation. She also serves as the lead editor of Proskauer’s blog on commercial litigation, Minding Your Business Litigation. For over 10 years, Margaret co-authored a regular column on corporate and securities law in the New York Law Journal.

Margaret maintains an active pro bono practice advocating on issues relating to reproductive rights, women, children, and veterans. She serves on the Board of Directors of CFR (Center for Family Representation), VLA (Volunteer Lawyers for the Arts), and the City Bar Fund.

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Photo of Mark Harris Mark Harris

Mark Harris is head of the White Collar Defense & Investigations Group and co-head of the Appellate Group. Mark is also a former federal prosecutor and law clerk at the U.S. Supreme Court. An experienced white-collar criminal defense lawyer, he represents companies and…

Mark Harris is head of the White Collar Defense & Investigations Group and co-head of the Appellate Group. Mark is also a former federal prosecutor and law clerk at the U.S. Supreme Court. An experienced white-collar criminal defense lawyer, he represents companies and individuals in their most complex and difficult litigation matters.

Mark’s appellate cases span the gamut from intellectual property and labor relations to constitutional law and administrative law. Since 2017, Mark has represented the Financial Oversight and Management Board for Puerto Rico—the entity created by Congress to oversee Puerto Rico’s bankruptcy, the largest in American history—in dozens of appeals before the U.S. Court of Appeals for the First Circuit. In May 2023, he prevailed before the Supreme Court in an 8-1 decision that recognized the Board’s immunity from suit. He is a Fellow of the American Academy of Appellate Lawyers and a past American Lawyer Litigator of the Week.

Mark also maintains an active criminal docket in cases covering every form of financial crime and civil enforcement, including internal investigations. Clients draw on his experience as a former Assistant U.S. Attorney for the Southern District of New York, where he specialized in fraud cases and tried cases before federal juries. Mark is also a recognized expert on criminal sentencing, as a member of the Board of Editors of the Federal Sentencing Reporter, the leading legal journal devoted to the study of sentencing law and policy, for over 25 years.

Mark is the editor and lead author of Principles of Appellate Litigation: A Guide to Modern Practice (PLI Press), a comprehensive treatise on appellate practice, updated every year, which has been described as “invaluable,” “the product of deep experience and keen insights,” and “a superior appellate practice hornbook.”

He has lectured on both criminal law and appellate practice before the International Bar Association, the National Association of Criminal Defense Lawyers, PLI, and the ABA Sections of Litigation, Criminal Law, and Employment and Labor Law. Mark has been interviewed by Bloomberg Radio, the National Law Journal, WINS AM-1010, Law360, Legal Times, and other news organizations.

Mark is a former clerk to U.S. Supreme Court Justices John Paul Stevens and Lewis Powell, Jr., and Judge Joel Flaum of the U.S. Court of Appeals for the Seventh Circuit. He is a graduate of Harvard College and Harvard Law School, where he was a member of the Harvard Law Review. He also serves on the Board of Trustees of the National Museum of Mathematics.

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