In 2020, SolarWinds Corp., a company that provided information technology software to private and government entities, was the victim of a cybersecurity breach. Russian hackers are believed to have slipped malicious code into a SolarWinds software product called Orion, which was then used to infect, and in certain cases, compromise
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, 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.
Keeping Up With Kim Kardashian’s SEC Charges
The SEC spread its reach to Hollywood this month – on October 3, 2022, the SEC announced charges against Kim Kardashian for her social media promotions of EMAX, a digital token issued by EthereumMax. The SEC found that Kardashian violated the anti-touting provision of the federal securities laws by failing to disclose the $250,000 payment she received for the ad.
New York Law Journal: What Makes a Scheme
The Second Circuit Court of Appeals recently issued a decision that may prevent the expansion of scheme liability under the federal securities laws. The SEC brought scheme liability allegations against Rio Tinto, its CEO, and its CFO, based on their alleged failure to correct prior materially misleading statements that had…
Business Judgment Rule Dooms Home Depot Data Breach Shareholder Derivative Suit
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…