Simpson Thacher Attorneys Author NYLJ Article on Data Breach Disclosure Court Decision
03.04.25
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Nicholas Goldin, Lori Lesser, Alexander Franchilli, Pilar Gonzalez Navarrine and Brian Japari authored an article titled, “Does A Data Breach Constitute Disclosure Under a Privacy Policy or Contract?” which was published by the New York Law Journal. The article discussed a recent court decision that appears to be the first reported case addressing whether a cyberattack constitutes a “disclosure” covered by statements in a privacy policy. The article further detailed how parties should take precautions in their future documents to clarify what does and does not constitute a “disclosure,” both for cyberattacks and using AI technology to process confidential information.
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