Everybody is forgetting ..... What did the defense lawyer do?
This is not new territory for this type of civil action. I’ve been on all 3 sides of this type of problem. As the ‘company’, as the ‘consultant’ and as an employee.
Apparently the Defense did not do much of anything. The novelty of this seems to be, “Does declaring oneself a ‘hacker’ impute a likelihood of malfeasance, even in the absence of a history of behavior?” I have a feeling this is going to be shredded on appeal.