From Life-Saving to Lethal: Product Liability After a Cyberattack

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From Life-Saving to Lethal: Product Liability After a Cyberattack

June 21, 2016

By Chris McGrath, Thomas Counts, Beau Stockstill & Danielle Decker

A hacker breaking into your email and stealing your passwords is bad. A hacker delivering a fatal dose through your insulin pump or remotely disabling your carʼs braking system is far worse. The Internet of Things presents significant challenges for cybersecurity, and exposes innovative manufacturers to untested claims for product liability. Although case law is virtually nonexistent, manufacturersʼ legal vulnerabilities are not. The historic framework for strict liability and negligence claims will inevitably be grafted onto claims for physical harm resulting from cybercrime directed toward connected devices. Regardless of the legal nuances courts ultimately apply, manufacturers can limit their potential liability with five proactive steps.

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FTC Complaint Against Activist Investor Highlights Narrow “Investment Only” HSR Act Exemption

Important Things You Should Know about the Patent Office’s New Guidance Regarding PTAB Proceedings

Patent Litigation Trends: Keep Your Eyes on the Road and Your Hands on the Wheel with 2014 in the Rearview Mirror

Elder Financial Abuse on the Rise: What Financial Institutions Can Do to Address Increasing Regulatory Scrutiny Designed to Protect At-Risk Customers

Chinese Companies Returning From the U.S. Stock Market Will Run Into Roadblocks

Federal Trade Commission Issues First Ever Statement Regarding “Unfair Methods of Competition”

Is SEC's home court advantage legal?

Treasury Issues Proposed Regulations Addressing Management Fee Waivers and Other Disguised Payments from Partnerships for Services

High Court Ruling Provides Further Guidance on CMBS Special Servicer Replacement

SEC Finalizes “Flexible” Pay Ratio Disclosure Rules Under the Dodd-Frank Act: Companies Have Choices to Make

Three Lessons Learned from a Data Breach Investigation

California Supreme Court Enforces Arbitration Provision in Form Consumer Contract

New Tax Filing Deadlines for Partnerships and C Corporations

EPA Finalizes Ambitious Clean Power Plan

Is Your Business Ready to Comply with the Final Amended Department of Defense Military Lending Act Regulation?

The Seventh Circuit Curtails Early Appellate Review of Service of Criminal Process on Foreign Corporate Defendants

Treasury Proposes Five Major Changes to the U.S. Model Tax Treaty

The Department of Justice Hires its Own FCPA Compliance Expert to Determine When a Company Should be Criminally Charged

Treasury Department Seeks Comments on Online Marketplace Lending

cGMP Enforcement and Compliance in the Wake of Rostholder

European Derivatives Regulation: Spotlight on the European Markets and Infrastructure Regulation (“EMIR”)[1] - Where Are We Now? - Part 2 Summer 2015

Electric Power Supply Considerations for Data Centers

Federal Circuit Rules on Appealability in Post-Grant Proceedings and on What Is a CBM Patent

California Amends and Clarifies Paid Sick Leave Law

The Business Bottom Line on the Iran Agreement

Anson v. HMRC – Case Summary

Paul Hastings Point of View: Why are Chinese companies running afoul of U.S. Laws?

Mental Stability At Work: An Assessment

Italy Amends Bankruptcy Act and Other Laws to Facilitate Restructurings and Reinforce Creditors’ Rights

Department of Labor Proposes New Salary Thresholds for Overtime Exemptions and Seeks Comments on Duties Tests

New EU Regulation on Insolvency Proceedings

SEC Charges Investment Adviser and Mutual Fund Board Members with Failures in 15(C) Advisory Contract Approval Process

Advice for directors and officers of distressed corporations: Fiduciary duties

New York City "Ban the Box" Legislation

Recent OIG Fraud Alert Puts Physician Medical Director Agreements in Focus

New York Court of Appeals Affirms Decision on Statute of Limitations for RMBS “Put-Back” Claims

For More Information:

Thomas A Counts

Email

+1 415 856 7077
Christopher H McGrath

Email

+1 714 668 6244
Beau Stockstill

Email

+1 714 668 6204

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