Cybersecurity Oversight Liability

Authors

Benjamin P. Edwards, University of Nevada, Las Vegas William S. Boyd School of LawFollow

Document Type

Article

Abstract

A changing cybersecurity environment now poses a significant corporate-governance challenge. Although some cybersecurity data breaches may be inevitable, courts now increasingly consider when a corporation’s officers and directors may be held liable on theories that they acted in bad faith and failed to adequately oversee the corporation’s affairs. This short essay reviews recent derivative decisions and encourages corporate boards to recognize that in an environment filled with increasing threats, a reasonable response will require devoting real resources and attention to cybersecurity issues.

Recommended Citation

Benjamin P. Edwards, Cybersecurity Oversight Liability, 35 Ga. St. U. L. Rev. (2019).
Available at: https://readingroom.law.gsu.edu/gsulr/vol35/iss3/3