ANALYSIS: After Health Data Hack, an Rx for Cloud Contract Risks

The ongoing legal battle following cloud solutions provider Accellion’s alleged breach of an indemnity clause in its contract with insurance company Health Net presents an opportunity to examine possible contracting cures for the increasingly common legal, financial, and reputational risks associated with cyberattacks. As it turns out, traditional drafting techniques may have a place in the futuristic world of cloud deals after all.

In Search of Middle Ground Beneath the Cloud

In an analysis piece published last week, I examined the cloud computing industry’s general aversion to indemnifying customers for security incidents in contrast to Accellion’s acceptance of broad indemnity ...