which, again, sandboxes and guardrails and such would make a gross negligence argument unconvincing.
I’m partially surprised that they didn’t do exactly that. If I ran a corporation I would assume any intrusion attempt by another company was intentional. Why wouldn’t I? Corporate espionage is super common.
I assume the answer is that these executives know each other personally.
I've known multiple privately held companies that have quietly settled incidents where amounts between 250,000 and 1,000,000 were embezzled because the fallout from having that in the public record would have been much more expensive.
So yea, it's one of those perverse situations. If you steal $1 from the company they will hammer you with the law, but if you steal a million suddenly the decision tree on what to do is far more complex.
If someone broke into my house but then claimed they didn’t mean to when they saw I was home, I’m not sure I’d take them at their word.
there could be 1,000 escapes, where each one was enabled by novel and unexpected chain of 0-day exploits. not likely to be considered reckless disregard in court.
there could be 1 escape, where there was no sandbox, no guardrails, no instructions to avoid damage, etc. which would likely to be considered reckless disregard (well, more likely to be, but still, reckless disregard is a high bar).
reckless disregard is a specific legal term, with specific criteria, and none of the criteria cares about "number of attempts" (or number of escapes, etc.).
Edit: changed labs to corps because it’s time to stop pretending these are places of science.