Yes, that would be a sound basis for a lawsuit. Employers in this realm employ network technicians or PI's who are or employ network technicians. Once you have a sound evidentiary basis, you have to show damages and can sue. There may also be crimes, likely there would be. The same evidence would support a factual, precise report to the police. You take precautions, of course, but when even Yahoo gets hacked, you know that you also have to have a defense in depth. This will include backup of site data, especially customer lists, and (depending on your scale) a backup site or equipment or a backup site in the "cloud" on a hosting company. Some web hosting companies have added protections you can subscribe to.
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You can sue. The question is what are you damages? The first step would be to determine who hacked you, which is not easy to do.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.
The main problem here is finding the hackers. Without knowing who they are, there is no one to sue.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.