Possible Actions for Expert Witnesses on Equifax Data Breach
Provided by HG.org
The Equifax data breach caused several million individuals complications when private information was released online to various locations with free access. However, with the rise of private and class action lawsuits against the company, experts have been hired en masse to assist with these issues and explain why certain evidence corresponds to actions and behavior.
When the two actions of Equifax occurred which affected millions, numerous lawsuits were initiated based on the actions and problems later created by the second action of the company attempting to bypass litigation for the data breach. However, the contractual agreement clause that was utilized to prevent further litigation from transpiring only angered more individuals and led to further instances of lawyers and expert witnesses hiring for these concerns. Through the experts, various issues about these matters have become clearer and the claims may become more substantial. This could strengthen the case and provide better chances of a positive outcome.
Expert witnesses are necessary to expose the various details of these data breach matters. Someone with an extensive background in electronic transactions and how information moves within a website or network may provide a better understanding of how the breach occurred, how it could have been prevented and what measures are important to use for the future. Through using these experts, those affected may have a better chance of settlement or success when affected so grievously by the actions of Equifax. The company may be held accountable for the actions that led to the disaster, and it could cause better preventative measures.
Liability in the Breach
When a lawyer has been hired for the Equifax data breach, it is easier to show that the company is liable for the economic and personal damage to those with information within the websites and databases. However, determining liability for damages and different forms of compensation is more difficult, and usually requires an expert witness. The professional hired for these claims must prove that insufficient security protocols were in place to prevent the standard hack or breach from occurring. This may involve the company hiring outside individuals testing the system for possible weakness. If the expert is able to show that Equifax did not use necessary means to protect the data, the company may be liable for monetary payouts for those negatively affected financially.
Another action when using an expert witness is that the actions after were not effective to protect or help those with data within the company. The problems with the behavior executives and management employed after the breach occurred could be considered unethical with possible impact to those that signed the waiver for future action against the company. This may be used against Equifax to show no significant measures were taken to prevent further damage or to rectify the situation for millions in the United States. This action may be pursued by the lawyer and an expert witness may assist in showing the court
how this affected the victim.
The Expert Witness and Discussion
When the expert witness is hired for claims such as what occurred with Equifax, the data breach and attempting to have those affected sign away the right for litigation, the professional must explain how these actions affect the individual and the group. An attempt to absolve the company from liability and accountability through further non-action is offensive to thousands if not millions of those that believe they may have been harmed through the breach. The expert must then explain to the judge through carefully constructed dialogue the activity of the breach in simple terms and why the contractual agreement would harm consumers further just to see if their data was disclosed publically.
If the expert has been hired for a class action lawsuit, he or she is attempting to explain certain matters in the courtroom for the whole group. The breach caused a loss of confidence in Equifax and other companies that hold financial and personal data of users. The professional may need to communicate the injuries that users faced in light of the actions the company took to either lead up to the breach or afterwards. No attempts were made to correct the problem, and expert witnesses may explain how compensation is crucial to restore and recover from identity theft from the actions of Equifax. Working with the lawyer or legal representatives on behalf of the users, the claim may need description and details to hold the company responsible for loss of income, bank and credit accounts compromised and severe negative impact.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.