Orrick Cyber & Privacy Team Authors Bloomberg Law Article Providing Guidance to Connected Car Makers to Avoid Litigation Risk

Bloomberg Law | April.12.2019

An Orrick Cyber, Privacy & Data Innovation team authored this Bloomberg Law article providing connected car manufacturers a roadmap to avoid litigation alleging flaws in auto cybersecurity.

Partner Aravind Swaminathan, co-head of Orrick’s Cyber, Privacy and Data Innovation Practice, Of Counsel David Cohen and law clerk David Curtis wrote the piece, which outlined five key issues for the industry to consider to reduce the risk of lawsuits over cybersecurity vulnerabilities in connected cars.

These include: develop “patching” protocols and tools to fix vulnerabilities; implement a “security by design” approach during product development; subject connected parts and components to robust security assessments; manage risks through contracts with “connected” parts and components suppliers; and, when litigation hits, emphasize injury-based dismissal arguments early, challenge class certification for remaining claims and evaluate additional defenses that may be available.