“The days of escaping legal liability as a result of poorly configured code are gone”

In case law there are a few times when a single landmark decision reshapes or reframes the legal landscape. At the tail end of last year, that’s exactly what happened – and anyone involved in software development should take note.

The event was a memorandum decision from the Court of Chancery of the State of Delaware, which framed its response to a matter relating to software vulnerability. I believe this decision, which caused the defendant firm to settle for an eye-watering quarter of a billion dollars, will change the commercial landscape for good.

Up to this point, there have been numerous instances where vulnerabilities (vulns) in IT systems have been left unaddressed, yet directors have managed a lucky escape. But times are changing.

There are two key learnings for anyone involved with software development. First, shareholders, investors and their lawyers are now equipped with a better understanding of exploits and vulns and the steps that should be taken to address known