Woods Rogers: Cybersecurity Case Holds Lessons for CUs

Supreme Court of Virginia Declines Certified Questions from Federal Court in In re: Capital One Consumer Data Security Breach Litigation

The lawsuit In re: Capital One Consumer Data Security Breach Litigation, has already spawned new precedence related to engaging forensic experts in the cyber incident response space. But a lesser-known offshoot of this ongoing litigation is that it prompted new questions about how plaintiffs pursue claims for loss of personal information under Virginia law.

While Capital One was brought in a federal court in the Eastern District of Virginia, it prompted certified questions to the Supreme Court of Virginia regarding nuances of duties surrounding the loss of data in a cyber incident under Virginia law. This article examines these key legal questions and charts a potential practical path ahead for the cyber law savvy.

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