September 23, 2021

Volume XI, Number 266

Advertisement

September 23, 2021

Subscribe to Latest Legal News and Analysis

September 22, 2021

Subscribe to Latest Legal News and Analysis

September 21, 2021

Subscribe to Latest Legal News and Analysis

Big Surprise - Colonial Pipeline now defending class action lawsuits!

BankInfoSecurity.com reported that the latest lawsuit “…claims the company lacked a cybersecurity program encompassing ransomware issues at the time of the attack, which led it to shut down pipeline operations serving much of the East Coast. It claims the company ignored warnings about cyber risks to interstate pipeline systems.” The June 23, 2021 article entitled “Lawsuits Allege Colonial Pipeline Had Inadequate Cybersecurity” included these comments:

If the lawsuits eventually achieve class action status, the plaintiffs' attorneys would then need to prove that Colonial Pipeline acted negligently and show that the company "owed a duty" to those who claim they were affected.

If there's no clear duty owed to the plaintiffs as to cybersecurity versus operating their pipeline versus fulfilling whatever contract for the purchase of oil and gas they had with Colonial, they wouldn't meet the 'commonality' requirement….

In that case, nothing else would be considered negligence or gross negligence … and their claim will fail entirely regardless of whether the cybersecurity was adequate or not.

These cases will be interesting to follow!

© 2021 Foley & Lardner LLPNational Law Review, Volume XI, Number 176
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Peter Vogel, trial attorney, Foley Lardner
Partner

Peter Vogel is renowned as both a trial and transactional lawyer who deeply understands technology, science and intellectual property, and the opportunities and problems they pose for clients. Governments and administrative agencies, as well as major corporations and emerging businesses, rely on Peter to get right to the heart of an information technology or e-discovery dispute; he knows what to expect and how it will play out in the courtroom. This eliminates unproductive rabbit trails and reduces the cost of litigation for all parties. When negotiating agreements for...

214-999-4422
Advertisement
Advertisement
Advertisement