Developing a Vulnerability Management Process
Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice
Introduction
Organizations need to be proactive in protecting themselves from cyber threats and malicious actors, which is why having a robust vulnerability management process is essential to mitigating risk and avoiding costly legal consequences. Vulnerability management is an approach that helps organizations identify, classify, and then mitigate known software vulnerabilities on networks, systems, and applications. Without this process in place, organizations are more likely to experience data breaches or malicious attacks as well as face legal penalties due to their failure in managing vulnerabilities.
To ensure they remain compliant with applicable laws and regulations while mitigating their risk of data breaches or malicious attacks, organisations can implement a comprehensive vulnerability management process. Firstly this includes regularly scans of systems and networks along with vulnerability assessments; followed by the implementation of patches and updates to any identified weak points across all systems. A comprehensive risk-management program should also be put in place - including developing policies, procedures, training programs - to help identify potential risks before they occur. It’s also important for the organization’s program to be updated on a regular basis or when needed so that it remains effective at identifying threats in a timely manner.
In addition to creating processes and programs related to their security strategy against cyber threats such as those listed above; organizations must also have a plan for responding quickly when any vulnerabilities are found. This should include providing patches for the issue quickly (while minimizing disruption) and notifying any affected parties using agreed upon communication protocols outlined within their security strategy during incidents like these . Monitoring activities following an attack should also take place as part of the organization’s established incident response plan which can help protect from issue reoccurrences moving forward .
Ultimately it is up to organizations themselves when it comes down taking actions steps towards developing a solid vulnerability management process that’s right for them (and compliant with applicable laws & regulations). Luckily there are tools like Ƶ’s open source legal template library – which millions of datapoints use teach what effective market standards look like – allowing anyone draft customized high quality documents without needing access lawyer fees too! Why not check out our step-by-step guidance below or access our template library today!
Definitions
Vulnerability Scan: An automated tool used to detect security weaknesses in a system or network.
Risk Assessment Matrix: A tool used to evaluate the severity, likelihood, and potential impact of each vulnerability.
Remediation Plan: A plan of action to address identified vulnerabilities.
Mitigation Strategies: Steps taken to reduce or eliminate a vulnerability.
Prioritization: The process of determining the order in which vulnerabilities should be addressed.
Contents
- Understanding the Basics of a Vulnerability Management Process
- Researching the type of threats faced by your organization
- Analyzing the existing security measures and policies
- Understanding the key components of the vulnerability management process
- Identifying Vulnerabilities
- Running vulnerability scans
- Reviewing system and network logs
- Identifying potential threats and weaknesses
- Implementing a Vulnerability Scanning System
- Evaluating existing scanning tools
- Setting up the scanning system
- Identifying the scope and frequency of scans
- Establishing Risk Assessment Criteria
- Analyzing the potential impact of each vulnerability
- Assigning risk levels to each vulnerability
- Documenting the risk assessment criteria
- Prioritizing Vulnerabilities
- Determining the order in which vulnerabilities should be addressed
- Evaluating the timeframe for remediating each vulnerability
- Establishing criteria for prioritization
- Developing Mitigation Strategies
- Identifying the available remediation options
- Identifying the appropriate mitigation strategies for each vulnerability
- Implementing a Remediation Plan
- Developing a timeline for implementing the remediation plan
- Assigning tasks to appropriate teams or personnel
- Testing and verifying the remediation process
- Monitoring and Updating the Vulnerability Management Process
- Establishing criteria for monitoring the process
- Assigning personnel to review the process and results
- Documenting and tracking changes
- Reporting
- Creating reports to document the vulnerability management process and results
- Distributing reports to relevant personnel
- Training and Education
- Developing training materials and programs
- Educating personnel on the vulnerability management process and best practices
Get started
Understanding the Basics of a Vulnerability Management Process
- Learn about the different types of threats to your organization, such as malware, viruses, phishing attacks, etc.
- Identify the best practices for vulnerability management and what processes should be in place to protect the organization from these threats.
- Research the methods used by other organizations to manage their vulnerabilities.
- Understand the available tools and resources to help you detect vulnerabilities.
- Consider the different types of threats and the potential impact they could have on your organization.
- When you have a good understanding of the basics of vulnerability management, you can move on to the next step.
Researching the type of threats faced by your organization
- Gather information about common threats facing organizations in your industry
- Research and review reports or whitepapers related to threats associated with your industry
- Identify any known threats that may have been used against organizations in your industry in the past
- Analyze threats that originate from external sources, such as malicious actors, hackers, and malware
- Analyze threats that originate from internal sources, such as disgruntled employees, weak passwords, and unauthorized access
- Identify any malicious behavior or malicious software that has been used against organizations in your industry
- Research and review reports or whitepapers related to data security compliance in your industry
- Create a list of potential threats and vulnerabilities that may affect your organization
You’ll know you’re ready to move on to the next step when you have identified all the potential threats and vulnerabilities that may affect your organization and have created a list of these threats and vulnerabilities.
Analyzing the existing security measures and policies
- Review existing security policies and procedures, including employee access privileges, patch management, and incident response plans
- Identify any gaps in security measures and develop a plan to close them
- Create a list of existing tools and technologies used to monitor and protect your organization’s systems
- Audit your current security measures to determine the effectiveness of each
- Document any changes needed to improve existing security measures
- When you have reviewed and updated existing security measures and policies, check this off your list and move on to the next step.
Understanding the key components of the vulnerability management process
- Understand the differences between vulnerability scanning, patching, and risk assessment
- Learn the importance of developing and maintaining an inventory of assets
- Identify the types of vulnerabilities that could threaten your systems
- Understand the importance of creating a vulnerability management policy and procedure
- Know the benefits of applying an automated vulnerability management system
- Understand the importance of reporting and tracking vulnerabilities
When you can check this off your list: When you have a comprehensive understanding of the key components of the vulnerability management process.
Identifying Vulnerabilities
- Identify any existing vulnerabilities in your system by running a vulnerability scan.
- Document the results of the scan and the remediation steps taken.
- Utilize a third-party tool to provide additional visibility and detect any unknown vulnerabilities.
- Ensure any new and existing systems are scanned regularly.
Once you have identified existing vulnerabilities in your system, and taken steps to remediate them, you can move on to the next step of running vulnerability scans.
Running vulnerability scans
- Utilize a vulnerability scanner to identify vulnerabilities on the network
- Ensure the scanner has the latest security patches and is updated regularly
- Execute recurrent scans on the network to identify new vulnerabilities
- Configure the scan to cover all systems and applications
- Make sure the scan is running with the appropriate level of detail
- Review the results of each scan and take necessary action to remediate any identified vulnerabilities
- When all identified vulnerabilities have been addressed, the scan can be completed and you can move on to the next step of reviewing system and network logs.
Reviewing system and network logs
- Review all system and network logs for any suspicious activity.
- Look for unusual outbound traffic, changes in user accounts or privileges, and other potential indicators of suspicious activity.
- Establish a baseline for normal user and system activity and use it for future reference.
- Document any suspicious activity found.
- When all logs have been reviewed and documented, move on to the next step.
Identifying potential threats and weaknesses
- Identify aspects of the network and system architecture that can be exploited
- Assess potential risks and prioritize threats
- Research known threats and vulnerabilities related to the system/network
- Identify potential attack scenarios
- Develop a plan to detect, prevent, and respond to threats
When you have a comprehensive list of potential threats and weaknesses, you can check this step off your list and move on to the next step of implementing a vulnerability scanning system.
Implementing a Vulnerability Scanning System
- Identify the type of vulnerability scans you want to use (e.g. external scans, internal scans, web application scans, etc.)
- Research available vulnerability scanning solutions and select the most appropriate for your needs
- Download and install the necessary scanning tools
- Configure the scanning tools to meet your requirements
- Test the scanning tools to ensure they are operating correctly
- Monitor the scanning process to ensure accuracy
- Analyze the scan results and determine any necessary corrective actions
- Establish a schedule for regularly running scans
Once you have completed these steps, you can move on to the next step of evaluating existing scanning tools.
Evaluating existing scanning tools
- Research different scanning tools and compare features and capabilities
- Consult IT security professionals to decide which tool fits best with your organization’s needs
- Create a list of available scanning tools and evaluate each one
- Consider the cost, complexity, and ease of use of each tool
- Once you have decided on the best option, purchase the tool and install it
- Check that the tool is working properly and that all features are functioning as expected
- When the tool is up and running, you can move on to setting up the scanning system.
Setting up the scanning system
- Install the chosen scanning tool and ensure it is up to date
- Set up the appropriate authentication credentials and access privileges
- Configure the scan parameters to meet the desired scope and frequency of scans
- Test the scanning tool to ensure it is working properly and the results are accurate
- Record the system settings for future reference
When this step is complete, you should have a properly configured and tested scanning system that can be used to identify and assess vulnerabilities.
Identifying the scope and frequency of scans
- Identify the assets you need to scan for vulnerabilities
- Decide how often to scan for vulnerabilities - this will depend on the assets and their business importance
- Determine which scanning tools are suitable for the assets
- Consider the cost of scanning and the resources available to complete the scans
- Develop a schedule for regular scanning
- Check that the schedule allows for ad-hoc scans when needed
When you can check this off the list:
- You know which assets you need to scan for vulnerabilities
- You have identified the scanning tools suitable for the assets
- You have established a schedule for vulnerability scanning
Establishing Risk Assessment Criteria
- Establish an initial risk assessment criteria to categorize the severity of vulnerabilities
- Determine the criteria for high, medium, and low-risk vulnerabilities
- Assign a risk score to each vulnerability based on the criteria
- Make sure the criteria is comprehensive, including but not limited to the source of the vulnerability, the level of access, the potential for exploitation, and the potential impact
- Test the criteria for accuracy and consistency
- Revise the criteria as needed
- Once you have established the risk assessment criteria and tested its accuracy, you can move on to the next step.
Analyzing the potential impact of each vulnerability
- Analyze the potential impact of each vulnerability by considering:
- The type of vulnerability
- The severity of the vulnerability
- The potential for the vulnerability to be exploited
- Create a matrix or table to evaluate and assign risk levels to each vulnerability
- Create a detailed report that explains the results of the analysis and the risk levels assigned
- When you’re done with this step, you’ll have an understanding of the potential impact of each vulnerability and assigned risk levels.
Assigning risk levels to each vulnerability
- Decide on a risk rating system (e.g. low, medium, high) and assign a risk level to each vulnerability
- Consider factors such as the nature of the vulnerability, the scope and complexity of the attack, the cost of remediation, the amount of business disruption, the probability of exploitation, and the potential impact of a successful attack
- Develop a risk matrix to help you assess the risk level of each vulnerability
- Use the risk matrix to assign a risk level to each vulnerability
- Review the risk ratings with stakeholders and validate the risk levels
- Once the risk levels have been assigned and validated, you can move on to the next step of documenting the risk assessment criteria.
Documenting the risk assessment criteria
- Define the criteria and metrics you will use to assess the risk posed by each vulnerability
- This criteria should consider factors such as the severity of the vulnerability, the likelihood of exploitation, the impact on the organization, and the cost of any required remediation
- Establish a method for documenting the risk assessment criteria, such as a spreadsheet, a database, or a formal system
- Document the criteria for each vulnerability and assign a risk level to it
- Once all the criteria have been documented and risk levels assigned, you can move on to the next step of prioritizing vulnerabilities.
Prioritizing Vulnerabilities
- Review and prioritize identified vulnerabilities based on the risk assessment criteria established in the previous step
- Assign a priority to each vulnerability to determine the order in which they should be addressed
- Consider the potential impact, likelihood, and any other risk criteria that was identified in the previous step
- Document the priority assigned to each vulnerability
- When all vulnerabilities have been prioritized, you can move on to the next step.
Determining the order in which vulnerabilities should be addressed
- Gather all the available information about each identified vulnerability, including the severity and its potential impact.
- Assign a numerical score to each vulnerability based on its severity and potential impact.
- Rank each vulnerability according to its score.
- Create a plan to address the vulnerabilities in the order of their ranking.
- When the plan is complete, you can move on to the next step, which is evaluating the timeframe for remediating each vulnerability.
Evaluating the timeframe for remediating each vulnerability
- Define the criteria for evaluating the timeframe for remediating each vulnerability, such as urgency, risk, and the resources available.
- Consult with the security team to determine the amount of time that is needed to effectively complete the remediation process for each vulnerability.
- Estimate the amount of time needed for each vulnerability and make adjustments based on the urgency and risk associated with each one.
- Record the estimated timeframe for each vulnerability in your vulnerability management system.
- When the estimated timeframe for each vulnerability has been recorded, you can check this off your list and move on to the next step.
Establishing criteria for prioritization
- Define criteria to prioritize the vulnerabilities, such as the severity of the vulnerability, the impact on the business, and the cost of remediating the vulnerability.
- Develop a scoring system for the criteria to give each vulnerability a numerical score to prioritize them.
- The criteria should be based on the business needs, such as the risk to the organization, the cost to remediate, and the impact on the organization’s operations.
- Once the criteria and scoring system have been established, go through the list of vulnerabilities and assign scores.
- The list can then be sorted based on the priorities to determine which vulnerabilities should be addressed first.
- When the criteria and scoring system have been established, and the vulnerabilities have been prioritized, the task is complete and you can move on to the next step.
Developing Mitigation Strategies
- Brainstorm potential mitigation strategies for each identified vulnerability
- Use the risk assessment criteria to identify the most feasible mitigation strategies
- Assign responsibility to the appropriate personnel or departments to implement the mitigation strategies
- Set deadlines for implementation of the mitigation strategies
- Track and review the implementation of the mitigation strategies
- Once all mitigation strategies are implemented, move on to the next step of identifying available remediation options.
Identifying the available remediation options
- Identify remediation options that are available to address the identified risks
- Determine the steps and costs associated with each remediation option
- Evaluate the effectiveness of each remediation option
- Compare the effectiveness of each remediation option with the associated costs
- Make a decision on which remediation option to implement
- Document the assessment and decision
- When all remediation options have been evaluated and documented, this step is complete and you can move on to the next step.
Identifying the appropriate mitigation strategies for each vulnerability
- Review the available options from the previous step and assess which are the most appropriate strategies to mitigate the identified vulnerabilities.
- Consider the cost, complexity, and effectiveness of each option when deciding which is the most appropriate.
- Make sure to consider any technical and organizational limitations that may affect your decision.
- Document your reasoning for selecting the appropriate mitigation strategies and note any other options that were considered.
- Once you have identified the appropriate mitigation strategies, you can confidently check off this step and move on to the next step in the vulnerability management process.
Implementing a Remediation Plan
- Assign a responsible party for each remediation task
- Assign a timeline for each task to be completed
- Prioritize tasks based on the severity of the vulnerability and the ease of mitigation
- Track and document each step of the remediation process
- Ensure that all tasks are completed in a timely manner and according to the timeline
- Once all tasks are complete and the remediation process is complete, check off this step and move on to developing a timeline for implementing the remediation plan.
Developing a timeline for implementing the remediation plan
- Create a timeline for when the remediation plan needs to be completed, so that all the tasks are completed on time.
- Break down the tasks into smaller, achievable goals and assign a timeline for each goal.
- Assess the risks associated with each task and determine the necessary resources to complete each task.
- Develop a timeline for the implementation of the plan, taking into account any dependencies between tasks.
- Establish a timeline for regularly reviewing the progress of the plan and adjusting it if necessary.
- Make sure that all stakeholders involved in the remediation plan are aware of the timeline and the tasks that need to be completed.
- Once the timeline is established and agreed upon, the timeline can be checked off the list and the next step can be carried out.
Assigning tasks to appropriate teams or personnel
- Assign the tasks associated with the remediation plan to the appropriate teams or personnel.
- Determine who is responsible for the remediation tasks and the timelines for the completion of these tasks.
- Establish an effective communication system to ensure everyone is aware of the process and their respective responsibilities.
- Document the tasks and the associated timeline to ensure accurate tracking of the process.
- Ensure that the assigned personnel have the necessary resources and skills to complete the tasks.
- Verify that the personnel assignments and timelines are in alignment with the overall remediation plan.
You’ll know you can check this off your list and move on to the next step when the tasks have been assigned to the appropriate personnel and the timeline has been established.
Testing and verifying the remediation process
- Monitor the process and ensure that all remediations are complete and effective
- Verify that the remediation has been implemented correctly and that it is effective
- Inform the affected personnel or teams of the remediation process and its outcome
- Document the process and results of the remediation
- Once the remediation has been tested and verified, check off this step and move on to the next step of the vulnerability management process.
Monitoring and Updating the Vulnerability Management Process
- Create a process to regularly review the vulnerabilities identified through the vulnerability scanning process
- Monitor notifications from applicable vendors and security researchers on new threats and vulnerabilities
- Create a process to review and prioritize new threats and vulnerabilities
- Create a process to review and change existing security remediation plans
- Develop a process to regularly update the vulnerability management process
- Put in place a process to document and track changes made to the vulnerability management process
- When all of the above processes have been documented and established, this step is complete and you can move on to the next step.
Establishing criteria for monitoring the process
- Develop a criteria for measuring the success of the vulnerability management process
- Evaluate the current level of security risk and create a plan for reducing or eliminating it
- Identify key performance indicators (KPIs) for tracking the progress of the vulnerability management process
- Establish objectives and goals to be achieved with the vulnerability management process
- Establish a timeline for review and evaluation of the process
- When all criteria has been established, the step can be marked as complete and the next step can be taken.
Assigning personnel to review the process and results
- Assign personnel who understand the organization’s goals, the vulnerability management process, and the associated tools.
- Ensure the personnel are knowledgeable about the organization’s IT systems and network infrastructure.
- Determine who should be responsible for reviewing the vulnerability management process and results; assign roles and responsibilities.
- Assign individuals to review the process and results on a regular basis, such as monthly or quarterly.
- Document the assignments and review processes.
- Check off this step when personnel have been assigned and the assignments and review processes have been documented.
Documenting and tracking changes
- Create a system to document and track changes to the vulnerability management process
- Ensure the system captures all changes, including when they were made, who made them, and why
- Document all changes and store in a secure, central location
- Develop a process for regularly reviewing changes to the vulnerability management process
- Develop an internal notification system to inform staff of changes to the vulnerability management process
- When the changes have been documented and tracked, and a process for regularly reviewing changes is in place, you can move on to the next step: Reporting.
Reporting
- Establish a reporting process for vulnerabilities that includes stakeholders and potential owners of the vulnerability
- Create a report format that clearly defines what type of information is required
- Ensure that the report format is easy to understand and captures all of the necessary information
- Establish a timeline for reporting and ensure that reports are delivered in a timely manner
- Monitor the report process to ensure that all information is properly documented and reported
- When complete, review reports to ensure that all vulnerabilities have been properly documented and reported
- Check off this step and move on to the next step: creating reports to document the vulnerability management process and results.
Creating reports to document the vulnerability management process and results
- Identify the key stakeholders who will be receiving the report and determine what information should be included
- Create a template for the report that includes the necessary information for each stakeholder
- Gather the data that will be included in the report
- Create the report using the template
- Review the report and make necessary changes
- Publish the report
- Ensure the report is distributed to the necessary stakeholders
- Check off this step and move on to the next step of distributing reports to relevant personnel
Distributing reports to relevant personnel
- Identify who needs to receive the reports and create a distribution list
- Share the reports with the relevant personnel, either via email or physical copies
- Ensure all personnel receive the reports and confirm receipt
- Set up a system to track who received the reports and when
- Evaluate the effectiveness of the distribution process and make any necessary changes
- Once all reports have been distributed, the step can be checked off the list and the next step can be started.
Training and Education
- Assess the current security knowledge of personnel in the organization who will be responsible for the vulnerability management process
- Assess the need for any additional training to bring personnel up to speed regarding security best practices
- Develop training materials and programs to address any identified deficiencies
- Ensure training materials and programs cover topics such as identifying and assessing security threats, best practices for mitigating security threats, and how to respond to security incidents
- Make training materials and programs available to relevant personnel
- Monitor the effectiveness of training materials and programs
Check off criteria:
- When all identified personnel have completed the training program
- When the effectiveness of the training program has been monitored and verified
Developing training materials and programs
- Create training materials and programs that are specific to the vulnerability management process
- Ensure materials and programs cover the various components of the process, such as risk assessment, patch management, etc.
- Ensure training materials and programs are appropriate for the target audience
- Create a program to deliver the training materials and programs
- Test the training materials and programs with a pilot group
- Revise the materials and programs based on feedback from the pilot group
- Make the materials and programs available to the entire organization
- Check that all personnel who require the training have received it
- When all required personnel have received the training, you can move on to the next step of educating personnel on the vulnerability management process and best practices.
Educating personnel on the vulnerability management process and best practices
- Ensure all personnel are aware of the importance of the vulnerability management process
- Provide training material and programs to personnel to understand the process and best practices
- Ensure personnel are up-to-date on all latest security processes
- Create a system for personnel to report security incidents and vulnerabilities
- Regularly review and update the training material and programs to ensure personnel are kept up-to-date
- Ensure personnel are aware of their responsibilities and roles in the vulnerability management process
- Once personnel have been trained and are aware of the process and best practices, check this step off your list and move on to the next step.
FAQ
Q: Will developing a vulnerability management process have a different effect depending on the jurisdiction?
Asked by Suzie on June 13th, 2022.
A: Absolutely! Different countries have different laws and regulations regarding data protection, and different processes for handling cyber security risks. It’s important to ensure you are compliant with the laws of your country, as well as any other country you may be doing business with or in. Depending on the jurisdiction, developing a vulnerability management process may require additional steps or specific processes that need to be followed. For example, in the EU, GDPR compliance is a necessity for any organisation collecting and storing user data.
Q: What are the benefits of having a vulnerability management process?
Asked by Eric on November 11th, 2022.
A: A vulnerability management process can provide numerous benefits to organisations, particularly those who handle large amounts of sensitive data. Firstly, it can help identify any potential security vulnerabilities before they are exploited by malicious actors. This can help an organisation protect itself from cyber attacks and other security threats. Additionally, it can help an organisation ensure compliance with various regulations and standards such as GDPR, ISO 27001 and NIST 800-53. Finally, it can help an organisation develop more effective cybersecurity strategies and policies that are tailored to their specific needs.
Q: What type of business models will benefit most from developing a vulnerability management process?
Asked by Sarah on May 20th, 2022.
A: Any type of business model which handles sensitive data or has public facing systems will benefit from developing a vulnerability management process. For example, SaaS companies dealing with customer data should be particularly aware of their security risks and should have a detailed plan in place for managing those risks. Similarly, companies in the technology sector are increasingly becoming targets of cyberattacks due to their reliance on digitised systems and should therefore be taking steps to protect themselves from potential threats. Finally, B2B companies which handle customer information should also be aware of their security posture and develop appropriate processes for managing vulnerabilities.
Q: How often should an organisation review its vulnerability management process?
Asked by Michael on August 3rd, 2022.
A: It is recommended that organisations review their vulnerability management processes at least once a year in order to ensure that they remain up-to-date with any changes to industry standards or regulations. Additionally, organisations should review their processes whenever there is a significant change in their infrastructure or operations (such as the introduction of new systems or services). This will help ensure that any new risks are identified and addressed quickly and effectively.
Q: What is the difference between proactive and reactive vulnerability management?
Asked by Rachel on February 10th, 2022.
A: Proactive vulnerability management involves taking steps to identify potential security risks before they can be exploited by malicious actors. This typically involves using scanning tools to search for known vulnerabilities in hardware and software systems, as well as conducting penetration testing exercises to assess an organisation’s overall security posture. Reactive vulnerability management involves responding to threats after they have been identified or exploited. This typically involves patching systems or implementing new security measures after an attack has already occurred.
Q: How can an organisation ensure its vulnerability management process is effective?
Asked by Christopher on April 5th, 2022.
A: An effective vulnerability management process should include both proactive and reactive measures in order to ensure that potential threats are identified before they can be exploited by malicious actors, as well as measures for responding quickly and effectively when threats arise. Additionally, an effective process should involve regular reviews of both hardware and software systems in order to identify any potential vulnerabilities which could be exploited by attackers. Finally, it is also important that organisations remain up-to-date with industry standards and regulations in order to ensure that their processes remain compliant with current best practices for cybersecurity.
Example dispute
Suing Companies for Negligent Vulnerability Management
- A plaintiff may bring a lawsuit against a company for negligent vulnerability management if the company has failed to provide sufficient protection against known vulnerabilities.
- The plaintiff must demonstrate that the company had knowledge of the vulnerability and failed to take reasonable measures to protect their systems from exploitation.
- The plaintiff can cite relevant legal documents, regulations and civil law to support their case.
- The plaintiff must also show that the company’s negligence led to actual damages, such as lost revenue, personal data, or other information.
- To win the lawsuit, the plaintiff must prove that the company had a duty to protect against the vulnerability and breached that duty, leading to damages.
- If liability is established, settlement may be reached or the court may award damages.
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