Can Remitters Recover from Beneficiary Banks in Email Hacking Cases?

Yes, originators of payment orders (remitters) under U.S. law can recover from a beneficiary’s bank in instances of business email compromise (email hacking). I will explain why and how it happened in one case from the U.S. District Court, Third Circuit. In my opinion, if such case is litigated in other countries, either common law (U.K.) or civil law (France or Germany), the Courts would rule in line with this U.S. decision.