If Wendy’s has suffered a data breach, the company could become a test case of how liability for such incidents is assessed in the midst of the ongoing migration of the US payments industry to the EMV smartcard standard. Wendy’s spokesman says the company is currently investigating reports of unusual activity involving payment cards used at some of its locations. If the incident at Wendy’s is a confirmed data breach it could also test new breach liability rules that went into effect last October. A spokesman says it is hard to know for sure what the scope of the incident might be given the nature of the investigation.”]