Erin Illman Quoted in Dark Reading on the Implications of the Marquis v. SonicWall Lawsuit
Dark Reading
Bradley attorney Erin Illman was quoted in Dark Reading on the Marquis v. SonicWall lawsuit, describing it as more than a single dispute over a ransomware incident. She said the case signals potential industrywide implications.
Instead of attackers or regulators serving as the primary legal adversaries after a breach, companies are increasingly suing their own security vendors when they believe a vendor’s failure contributed to the incident.
"Historically, most breach-related lawsuits have flowed from consumers or regulators toward the breached company, but this case highlights a growing shift: enterprises turning around and suing their cybersecurity vendors, managed service providers, and software suppliers for contribution, indemnification, or outright negligence," Illman said.
If more organizations pursue litigation against their tools and service providers, cybersecurity vendors could face far greater legal exposure and liability than before.
"That fundamentally changes the risk calculus for the industry. Vendors are no longer just technical partners — they are potential co-defendants," Illman said.
Illman also suggested that corporate leaders may increasingly view third-party vendors as convenient legal targets to deflect or share blame following high-profile incidents.
"Faced with shareholder suits or regulatory scrutiny after a breach, leadership may be more inclined to shift blame downstream — arguing that a vendor's tool failed, a patch was defective, or a managed service provider missed indicators of compromise," she said.
"Plaintiffs are probing theories like misrepresentation, failure to warn, negligent design, or overstated security claims to pierce those protections," explained Illman.
She noted that this raises concerns that courts may soon have to define what “reasonable security” means for dedicated security vendors.
The full article, “Marquis v. SonicWall Lawsuit Ups the Breach Blame Game,” was published by Dark Reading on Feb. 26, 2026.