Ed Donohue Analyzes CrowdStrike Outage and Potential Liabilities in CLM Magazine
In The News | 1 min read
Jul 26, 2024
In a new article published by Claims Litigation Management (CLM) Magazine, Hinshaw partner Ed Donohue was among a group of professionals who analyzed the business impacts of a global Microsoft Windows outage triggered by a CrowdStrike software update distributed on July 19, 2024.
Donohue said the CrowdStrike "Blue Screen of Death" incident was comparable to a 2010 McAfee outage and likely resulted from a lack of proper quality assurance processes.
He then addressed whether CrowdStrike was vulnerable to lawsuits and if insurance policies might cover business interruption losses.
Donohue's full commentary is below:
The CrowdStrike shutdown was caused by an update intended to enhance Microsoft customer malicious activity sensors. It is relatively unusual for an error like this to remain undetected before it impacts end-user machines. A logic error such as this is generally caught sooner and resolved with a simple customer reboot. Here, the error affected individual Windows PCs, causing the so-called ‘Blue Screen of Death.’ That fix is manual and tedious, requiring the entry of a 48-character BitLocker Code.
A similar large shutdown was caused by a 2010 McAfee virus update. In both instances, the error was blamed on a lack of adequate internal quality assurance testing before launching the update.
However, CrowdStrike’s direct legal liability for the resulting economic loss is far from clear. CrowdStrike’s ‘Terms and Conditions’ (TAC) are robust in limiting its product warranties. ‘Click Wrap’ customer agreement forms such as this are generally upheld by the courts. The TAC disclaims any warranty for failures in its malware search products. The company agrees only to make best efforts to work around errors once detected. Though this TAC may be tested by some customers in court, the better initial strategy is for businesses to review their contingent business interruption insurance. Many contemporary commercial policies cover losses caused by such an incident.
- “CrowdStrike Event Cyber Losses Could Reach Into Billions” was published by Claims Litigation Management Magazine on July 25, 2024.
Featured Insights

In The News
Nov 12, 2026
Spencer Kook Authors Article Providing a Claims Manager’s Guide to Class Action Exposure

In The News
Nov 12, 2026
Mitch Chargo Discusses Cannabis M&A Implications in a Post-Rescheduling Landscape

Webinar
Nov 12, 2026
Michael Adams Presents on Navigating Ethics in the Digital Age

Event
Nov 12, 2026
Cathy Mulrow-Peattie Discusses AI and Supply Chain Cybersecurity

Healthcare Alert
Nov 11, 2026
Illinois Enacts 340B Contract Pharmacy Protections: 7 Steps Covered Entities Should Take

In The News
Nov 10, 2026
Brian Turetsky Examines How NYC’s Proposed POWER Act Could Expand Private UDAAP Claims

In The News
Nov 9, 2026
Kate Schnake Examines Unlawful Discrimination vs. Legitimate Advocacy in Jury Selection

Press Release
Nov 6, 2026
Hinshaw Recognized by the LCLD as a 2026 Compass Award Winner and Top Performer

Consumer Crossroads: Where Financial Services and Litigation Intersect
Nov 5, 2026
FDIC Proposes State Bank Preemption Parity Rule Regarding Host State Laws

Press Release
Nov 5, 2026
Hinshaw Named Among the Nation's Leading Law Firms in Best Law Firms® 2027


