Jetro v. MasterCard: New Concerns for Merchants and Insurers

A Q&A with Doug Meal
The brave new world of cyber liability got a lot more complicated last May. That’s when the Jetro Holdings LLC v MasterCard Inc. case held that if a card brand withholds merchant funds to satisfy the brand’s PCI fines and assessments following a data breach, the merchant has no legal recourse against the brand—even if the brand acted unlawfully in imposing the fines and assessments in the first place. I talked to attorney Doug Meal of Ropes & Gray, LLP, to explore this case and its implications for retailers and their insurers.

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