In its 10-Q filing for the quarter ended September 30, 2017, Merck & Co., Inc. stated the following: On June 27, 2017, the Company experienced a network cyber-attack that led to a disruption of its worldwide operations, including manufacturing, research and sales operations. … [T]he Company was unable to fulfill orders for certain other products […]
About Eric Begun
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Entries by Eric Begun
The recently alleged data privacy and security incident involving Aetna and one of its vendors is now the basis of class action litigation. Both the vendor and Aetna are named defendants in the class action suit, which raises potentially novel issues for companies and their third-party service providers to consider when contracting for technology and non-technology services that touch data security and privacy matters.
Whether based on a party’s bad experience in a previous situation, defensive or offensive tendencies, or need to avoid deviations from company policies, otherwise common NDA terms can lead to uncommonly protracted negotiations. For a vendor looking to sell to a new customer, lengthy or difficult NDA negotiations can cause the potential customer to view the vendor as being difficult to deal with, or, worse, to drop the vendor from consideration entirely. For a customer wanting to urgently find a vendor to provide services to address a data breach, time to negotiate an NDA is not a luxury.