Law Times interviewed Nicole Henderson, a Partner in the Blakes Class Actions and Product Liability groups, about complex litigation cases where cybersecurity, privacy and product liability law intersect.

Product liability cases generally involve some sort of physical injury or a product that poses some risk of damage to person or property. But in cybersecurity cases, the loss is generally economic, which is not usually recoverable in product liability cases, Henderson explains.
“I think what you’re seeing a lot in cybersecurity cases is really an allegation not that the plaintiff has actually been injured but that somehow they’re at some risk,” she says.
There’s also been an uptick in the area of privacy class actions, Henderson says, adding that it’s a trend that will likely continue in the near future.