Attacking and defending in cyber security litigation: Building the technical case

Litigation due to cybersecurity incidents and data breaches is becoming increasingly common in Australia; regulators are pursuing breached organisations, breached organisations are pursuing IT service providers, and both consumers and shareholders are launching class actions.

In this talk we walk through a case study where our team assisted an external law firm that was working on behalf of a breached organisation. This organisation was preparing for adverse legal action from a third party whose data had been lost, and was also considering action against multiple IT service providers.

This talk walks through the scope of our assistance, and how technical expertise was used to build both legal defenses, and inform decisions about which service providers to pursue and which to leave alone.

We will walk through the approach we took, how technical processes were translated into legal value, and an unexpected twist during the investigation stage that changed the client's position entirely.