Although the case against National Student Clearinghouse has been resolved, the litigation against Progress Software remains ongoing.
Defense Arguments and Settlement Reasoning
National Student Clearinghouse, a key service provider for higher education institutions, argued that it may not have been possible to prevent the breach. The company could have claimed that Progress Software was entirely responsible for the vulnerability and that it owed no direct duty to the students affected since it operates as an intermediary for educational institutions.
Class attorneys acknowledged that pursuing a trial would have posed substantial risks. National Student Clearinghouse could have successfully argued that it wasn’t responsible for the breach or that the class members couldn’t sufficiently prove their claims, potentially leading to no recovery for the plaintiffs.
National Student $10M MOVEit Hack Settlement : Next Steps in the Litigation
Although representatives for the parties were not immediately available for comment, class counsel believes this settlement is a reasonable compromise given the uncertainty surrounding trial outcomes. Evangelista was represented by several prominent law firms, including Hagens Berman Sobol Shapiro LLP, Berger Montague PC, and Cohen Milstein Sellers & Toll PLLC, among others.
