Sovereign immunity in the age of continuous cyber warfare

Major cyber-attacks on a U.S. corporation or government agency are becoming more and more common. The July 9, 2015, news of 21.5 million Social Security numbers stolen from the Office of Personnel Management (OPM) is the latest example — but surely will not be the last. Although each breach spawns new litigation, this latest example is a little different.

Unlike the recent attacks on corporations like Sony Pictures and Anthem, OPM has an additional and powerful defense: sovereign immunity. Two recent class action suits filed by labor unions against OPM will put the sovereign immunity defense to the test.

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Data Privacy and Cyber Security