Due to timing and the staggering numbers involved, the Target data breach has generated quite the response—from the media, from consumers and from lawmakers. But the public relations hit Target is taking is only the tip of the iceberg, as the retailer is already seeing the beginning of a crashing wave of litigation. And if early cries are any indication, the breach may spurn legislation as well.

Joining LXBN TV to share his thoughts on the data breach litigation landscape and offer one idea for what lawmakers should do about such breaches is Steptoe & Johnson Partner Jason Weinstein. He is a a former deputy assistant attorney general of the US Department of Justice’s (DOJ) Criminal Division, and is now author on the Steptoe Cyberblog.