Dissent Doe 
This won't be the end of this controversy, but a California court did not dismiss claims against Bain Capital over the PowerSchool data breach. In considering the timeline and the private equity firm's actions before and after its acquisition of PowerSchool in 2024, the court noted, in part:
"Post-closing, Bain directed PowerSchool to offshore cybersecurity, engineering, and IT functions to contractors, including offshoring required data-management tools that enabled vendors to bypass consent protocols and access protected school district computers directly.
Bain failed to assess data-breach risks from the offshoring it directed.
Post-closing, Bain directed layoffs of at least 5% of PowerSchool’s workforce, including critical domestic IT staff."
Read more from Womble Bond Dickinson at https://www.womblebonddickinson.com/us/insights/alerts/unprecedented-private-equity-firm-potentially-hook-portfolio-companys-data-breach
h/t, JDSupra, The National Law Review
#EdTech #Liability #negligence #PowerSchool #BainCapital #hackandleak
Unprecedented: Private Equity Firm Potentially on Hook for Portfolio Company’s Data Breach
In a first of its kind, a California federal judge allowed claims against Bain Capital to proceed based on a data breach at its subsidiary, PowerSchool. Notably, many of the claims are based on conduct that occurred before Bain’s acquisition of PowerSchool. Although the case will continue
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