👀 Ones to watch: The MOST undervalued shares to buy right nowSee Undervalued Shares

CrowdStrike legal liability limited after outage: Morgan Stanley

Published 13/08/2024, 17:30
© Reuters.
MSFT
-
DAL
-
CRWD
-

Morgan Stanley analysts have provided insight into CrowdStrike Holdings Inc.'s (NASDAQ:CRWD) legal exposure following a significant technology outage. Delta Airlines (NYSE:DAL) was one of the main companies impacted.

According to a recent expert call hosted by the firm, the potential legal liability for CrowdStrike appears to be limited.

Morgan Stanley notes that Delta Airlines is seeking at least $500 million in damages from CrowdStrike and Microsoft (NASDAQ:MSFT) due to the global outage on July 19, 2024.

However, legal experts consulted by the investment bank indicated that CrowdStrike’s liability in this case is likely capped by the terms of its contract with Delta.

Morgan Stanley explains that the company's contract includes a "limitation of liability" clause, which restricts potential damages to a single-digit million amount and excludes indirect or consequential damages.

This clause, combined with industry-standard practices in software updates, is said to limit CrowdStrike’s exposure unless gross negligence or misconduct can be proven.

Morgan Stanley flags the liability protection clause in CrowdStrike’s terms of service agreements, which states: "CrowdStrike’s total liability for any claim arising out of or related to the agreement will be limited to the amount paid by the customer for the specific product or service giving rise to the claim during the 12-month period immediately preceding the event causing the claim."

Furthermore, Morgan Stanley says CrowdStrike has been proactive in its response, aiming to resolve the issue collaboratively with Delta. The financial impact on CrowdStrike is expected to be manageable, potentially involving service credits or contract concessions rather than significant legal payouts.

While the regulatory implications remain uncertain, particularly regarding Microsoft's kernel access policies, CrowdStrike's immediate legal risks appear contained. Investors are advised to monitor ongoing developments, especially any regulatory changes that could affect future product updates and innovations.

Latest comments

Risk Disclosure: Trading in financial instruments and/or cryptocurrencies involves high risks including the risk of losing some, or all, of your investment amount, and may not be suitable for all investors. Prices of cryptocurrencies are extremely volatile and may be affected by external factors such as financial, regulatory or political events. Trading on margin increases the financial risks.
Before deciding to trade in financial instrument or cryptocurrencies you should be fully informed of the risks and costs associated with trading the financial markets, carefully consider your investment objectives, level of experience, and risk appetite, and seek professional advice where needed.
Fusion Media would like to remind you that the data contained in this website is not necessarily real-time nor accurate. The data and prices on the website are not necessarily provided by any market or exchange, but may be provided by market makers, and so prices may not be accurate and may differ from the actual price at any given market, meaning prices are indicative and not appropriate for trading purposes. Fusion Media and any provider of the data contained in this website will not accept liability for any loss or damage as a result of your trading, or your reliance on the information contained within this website.
It is prohibited to use, store, reproduce, display, modify, transmit or distribute the data contained in this website without the explicit prior written permission of Fusion Media and/or the data provider. All intellectual property rights are reserved by the providers and/or the exchange providing the data contained in this website.
Fusion Media may be compensated by the advertisers that appear on the website, based on your interaction with the advertisements or advertisers.
© 2007-2024 - Fusion Media Limited. All Rights Reserved.