Recently a handful of courts and regulatory agencies have considered this question and reached disparate results. The panel of speakers will analyze and discuss several of the most recent decisions in this regard, including the FTC’s decisions in the Wyndham and LifeLock matters, and several federal and state court decisions. The panel will also discuss methods of proof of standard breach or compliance, including the use of experts, and the cutting-edge issue of whether IT providers should be also be considered “professionals” under the law and therefore liable for tort damages for purely economic losses.