Anthem hired
Mandiant, a cybersecurity firm, to review their security systems and advised people whose data was stolen to monitor their accounts and remain vigilant. The theft of the data raised fears generally about the theft of medical information. A writer from
Harvard Law School suggested that this data breach might spark reform of security practices and government data safety regulation. An investigation conducted by several state insurance commissioners blames the breach on an attacker whose identity was withheld, and claims that the breach was likely ordered by a foreign government whose name was withheld. It also concluded that Anthem had taken reasonable measures to protect its data before the breach and that its remediation plan was effective at shutting down the breach once it was discovered. The Indiana DOI hired independent auditors to conduct a security assessment at Anthem, which concluded, "While deficiencies within Anthem’s cybersecurity posture were noted by the Examination Team, these deficiencies were not, in our experience, uncommon to companies comparable to Anthem in size and scope. While the pre-breach deficiencies impacted Anthem’s ability to reduce the likelihood of and quickly detect the Data Breach, the controls implemented subsequent to the Data Breach should improve Anthem’s ability to detect future breaches and enable Anthem to respond more effectively to a future attack than was the case in this instance." An HHS Director overseeing the investigation said, "The largest health data breach in U.S. history fully merits the largest
HIPAA settlement in history. Unfortunately, Anthem failed to implement appropriate measures for detecting hackers who had gained access to their system to harvest passwords and steal people's private information." After contested briefing over who should lead the litigation efforts, Judge Koh appoints Eve Cervantez of Altshuler
Berzon and Andy Friedman of
Cohen Milstein as co-lead counsel, and appointed
Eric Gibbs of Gibbs Law Group and Michael Sobel of
Lieff Cabraser to head a Plaintiffs' Steering Committee. In 2017, Anthem agreed to settle the litigation for $115 million, the largest ever data breach settlement at the time. The attorneys requested $38 million in fees for their work on the case, but Judge Koh slashed the fee request, finding that only $31 million in fees were merited. ==References==