Kevin M. McGinty of Mintz Levin writes:
An attempt to impose liability on corporate officers and directors for data breach-related losses has once again failed. On November 30, 2016, a federal judge in Atlanta issued a 30 page decision dismissing a shareholder derivative action arising out of the September 2014 theft of customer credit card data from point-of-sale terminals in Home Depot stores. The dismissal of the Home Depot derivative action follows earlier dismissals of derivative actions arising from data breaches perpetrated against Wyndham and Target.
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