$CrowdStrike (CRWD.US)$ is this the legendary Crowdstrike re...

151699798 : aren't they getting sued right now??

Nisdey 151699798 : I wouldn't worry about the lawsuits. The problem that anyone accusing CrowdStrike of Gross Negligence or Incompetence in order to invalidate their contractual limitation of liability, is that for any organisation large enough to have incurred substantial losses as a result of the outage, they are themselves also grossly negligent or incompetent for 1. agreeing to sign something that limited the vendors liability in the case of catastrophic failure, 2. failed to properly insure against the failure and 3. relying on something where it's creators disclaim all waranties.
So there is no way of determining how much CrowdStrike's gross negligence, or the plaintiff's own gross negligence contributes to the losses, and it's very easy for CrowdStrike to argue that there should have been mitigations which extend beyond purely software based redundancies (like having manual processes to fall back on).
Also, this idea of limiting all liability is kinda limited to the Software industry, as there are statutory requirements for just about every other category of tangible product that one can "buy". Personally, if I were in the position of awarding a large contract to CrowdStrike, I'd insist on SLA style liability, but in the end, it's probably just cheaper to insure against it.

Also, are we completely sure that CrowdStrike doesn't have Incompetence Insurance (it's called professional indemnity insurance when it applies to an individual)