Update: Transaction Processors Appeal Order Denying Third-Party Fees After Cyber Attack

Richard Raysman is a Partner in our New York office.

In early February, this blog discussed a case involving a grocery store chain that was a victim of a cyber-attack and its transaction processors. See Schnuck Mrkts. v. First Data Merchant Servs Corp., No. 4:13-cv-2226-JAR, --- F. Supp. 2d --- (E.D. Mo. Jan. 15, 2015). Less than a month later, on Feb. 12, the transaction processors filed a motion for partial reconsideration of the grant of the store's motion on the pleadings, citing procedural errors. See Schnuck Mrkts. v. First Data Merchant Servs. Corp., No. 4:13-cv-2226-JAR (E.D. Mo. Feb. 12, 2015). As this case involves complicated transactions with a number of jargon-laden governing agreements, a truncated recitation of the facts is necessary.