Investigations proceed from state attorneys general, the FTC, sector regulators, and in some cases multistate coalitions. They typically follow breach notification and may run parallel to civil litigation.
Responses become available to civil plaintiffs.
Alternative Names:
Cyber Regulatory Inquiry|Privacy Investigation
Why it Matters?
Parallel proceedings create the central coordination problem, since responses to regulators become available to civil plaintiffs and statements made to establish good faith with an agency may be used as admissions in class litigation. Coordinating the regulatory response with defense counsel handling the civil matter prevents inconsistency. Multistate attorney general coalitions also aggregate leverage that individual state inquiries would not carry.
Frequently Confused with
Related terms
Frequently asked questions
What is the coordination problem?
Why do multistate coalitions matter?
