According to Carl Straumsheim’s article, “Single Point of Failure,” no data was lost during the exam upload snaffu for ExamSoft across the country.  However, although ExamSoft stated it would release some information regarding the disaster, it has been a week and no details have come from the company.  A recent Above the Law post by Elie Mystal sees that ExamSoft is starting to get sued.  Read more here.  The first lawsuit:

In Litchfield v. Examsoft Worldwide, plaintiff Phillip Litchfield, represented by Edelson PC, seeks to bring a class-action complaint against ExamSoft.  The facts are here.  Here is a highlight of the causes of action:

• Violation of the Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS §§ 505/1, et seq.)
• Negligence
• Breach of Contract
• Unjust Enrichment

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