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cyber claims

Expert Witness Testimony Must Be Accounted for While Valuing Damages in Cyber Cases

Although cyber litigation is still evolving, there has been little opportunity to consider the value of expert witnesses and consultants in these cases. However, as we begin to see more claims and litigation, there will be no question that expert… Continue Reading →

The Future Is Now: Court Finds No Coverage Under Cyber Policy for P.F. Chang’s Data Breach

In 2014, P.F. Chang’s experienced a credit card breach involving a number of its restaurants that culminated in numerous lawsuits nationwide. The ensuing litigation related to this data breach provided significant insight into what would become the important issues in data… Continue Reading →

Something Old, Something New: Well-Established First-Party Property Concepts Used in Computer Hacking Coverage Case

On May 20, 2016, the U.S. Court of Appeals for the 8th Circuit affirmed a District Court decision finding coverage for a loss under a financial institution bond issued by BancInsure, Inc. (BancInsure) to the State Bank of Bellingham (Bellingham)…. Continue Reading →

Law Firms’ Work Product Has No Privileges Against Hackers

It appears that large retailers and hospitals are no longer the only targets for hackers as evidenced by the hack at the Panamanian law firm, Mossack Fonseca, generally referred to as the “Panama Papers.” While the identity of the hackers is… Continue Reading →

Early Observations in Portal Healthcare Decision: CGL Coverage for Cyber Claims?

Over the last couple of years, courts have struggled with whether cyber claims could trigger coverage under commercial general liability (CGL) insurance policies. While courts have found most cyber claims will not be covered as “bodily injury” or “property damage”… Continue Reading →

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