When a data breach occurs, the guilty party—a fraudster or criminal syndicate— is often nowhere to be found. Who bears the loss from a breach perpetrated by a fraudster: the consumer whose data was compromised, the financial institution where the data was used, or the business that failed to protect the data? Often, the loss initially falls on the financial institution through account or card agreement provisions or deadlines imposed by statutes or regulations. Can a financial institution recover these losses from a business with whom it has no contract? This depends on which law applies. Continue Reading Recovering Data Breach Losses from Non-Contractual Parties
For more than 30 years, David West has been a trusted advisor to financial institutions, fiduciaries, business entities, property owners, manufacturers and nonprofits in handling legal disputes involving financial transactions, trusts and estates, fiduciary liability, contracts, business torts, real estate, and insurance. He works with clients to develop business strategies for business disputes. When resolution between the parties is not an option, he vigorously represents clients in courts, using his experience in approximately 50 jury and non-jury trials and arbitrations. David is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization.