NSO Group Seeks New Trial, Challenges $167M Damages as 'Outrageous'

NSO Group Challenges $167 Million Damages Ruling in WhatsApp Hacking Case

A jury decision in May resulted in spyware developer NSO Group being ordered to pay $167 million in damages to WhatsApp. This stemmed from a 2019 hacking incident that impacted over 1,400 individuals.

NSO Group has formally contested the damages, labeling the ruling as “outrageous,” “blatantly unlawful,” and “unconstitutionally excessive.” The company is now requesting the presiding judge to either lessen the financial burden or authorize a retrial.

Motion for New Trial or Remittitur Filed

On Thursday, the company submitted a motion requesting either a new trial or a “remittitur.” A remittitur is a legal process enabling a court to lower an excessively high verdict.

Initial reports regarding the filing were published by legal news sources Law360 and MLex.

Arguments Regarding Punitive Damages

According to NSO Group’s legal team, the punitive damages awarded are significantly disproportionate to what is legally permissible. They contend that the $167 million exceeds the maximum allowable punitive damages in this instance.

The lawyers assert that the jury’s decision violates established limits, which stipulate that punitive damages should not surpass four times the amount of compensatory damages. In this case, compensatory damages were assessed at $444,719.

Furthermore, the legal representatives argue that the jury’s award is “unlawful” and motivated by a desire to financially ruin NSO Group due to broader disapproval of its business practices, rather than solely for the specific actions subject to punitive damages.

WhatsApp's Response

WhatsApp spokesperson Margarita Franklin stated the company will continue to vigorously defend its position in court.

“For six years, NSO has consistently evaded accountability. This represents another anticipated attempt to avoid consequences following a decisive verdict from a U.S. jury, which condemned NSO for its unlawful 2019 attack on an American company and its user base,” Franklin explained.

“We will address the court’s concerns as we continue to seek a permanent injunction against NSO, preventing this spyware firm from ever again targeting WhatsApp and its users.”

Financial Capacity Concerns

NSO Group’s court filing also claims that the awarded damages “grossly exceed NSO’s ability to pay.” The company suggests the amount reflects an inappropriate intent to penalize the organization.

During the trial proceedings, NSO Group previously indicated that it was facing significant financial difficulties.