Overly and Tantleff Quoted on Yahoo Data Breach

Partner Aaron Tantleff was quoted in a Fortune article, “Yahoo Could Face Legal Trouble Over Delay in Disclosing Hack,” on September 23, 2016. The article discussed the Yahoo data breach and questioned why the company waited nearly two years before informing the public. Tantleff commented on the varying state notice periods and explained how some states require companies to notify customers about data breaches within 30 or 45 days, while others use more general language, such as “as soon as expedient.” However, Tantleff said state laws make allowance for law enforcement proceedings, meaning it’s possible Yahoo informed the FBI about the hack and the agency instructed the company to wait before going public with the news.

In addition, Partner Michael Overly was quoted in a Wall Street Journal article, “Yahoo Breach: Senators Demand Answers,” on September 27, 2016. The article discussed the letter from six Democratic U.S. senators to Yahoo CEO Marissa Mayer seeking answers about Yahoo’s data breach, specifically the timeline and a list of affected services. Overly explained that it is not uncommon for consumers to be notified years after a breach, but the delay can create problems for consumers and diminish the intended effects of breach-notification laws. He was quoted saying, “If the time delay between breach and the company learning about it is two years, the horse has not only escaped the barn, but the barn has fallen from disuse.”