Privacy Risk Report

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cyber insurance

Court Refuses To “Bail Out” Data Breach Plaintiffs By Dismissing Bailment Claim

At this point in the development of data breach litigation, it is clear that plaintiffs may be on a sinking ship when they try to establish liability and damages against defendants. In order to meet their burden, a plaintiff must show they… Continue Reading →

Even Though Court Finds No Liability For Monitoring Customers, New Products Show Technology Presents Many Thorny Issues

Last week, toymaker Mattel announced that it was not moving forward with its Aristotle product, which has been described as a “kid-focused smart hub.” The device was an artificial intelligence babysitter that could “switch on a night light to soothe a crying baby… Continue Reading →

New NIST Standards Allow Courts And Legislatures To Learn The Language Of Data

As courts and legislatures around the country struggle with issues related to data breaches, cyber, technology and privacy, they are finding a lack of standards to guide them through their struggles. Of course, a court may struggle to determine whether a duty… Continue Reading →

2015 Data Breach At Toy Manufacturer VTech Continues To Provide Insight In 2017

On December 1, 2015, VTech Holdings Ltd., a manufacturer of digital toys and telephones, reported that it suffered a data breach on November 14, 2015.  VTech’s “smart toys” breached the personal information of at least 6.4 million children in addition to the… Continue Reading →

Square Pegs: Recent Case Shows Problems With Fitting Cyber Liability Claims Into Law That Is “A Bit Dated”

Many litigants are struggling with how to fit the “square peg” of cyber security claims into the “round hole” of law that may have been around for a number of decades.  One recent example was seen on June 27, 2017, when… Continue Reading →

Neiman Marcus Case Settles After Years Of Haggling Over Price Of Data Breach Cases

Last week, the parties in Remijas v. Neiman Marcus, Case No. 14-cv-1735, a class action lawsuit related to a data breach at retailer Neiman Marcus was settled in the Northern District of Illinois.  The Seventh Circuit’s reversal of the District… Continue Reading →

Rowe In Advisen: The WikiLeak’s Data Dump Cannot Be Undervalued By The Insurance Industry

This article originally appeared in Advisen’s Front Page News, Cyber Edition, on March 16, 2017. Over the last few months, there have been a number of news stories concerning allegations that the Russians may have hacked US political parties and… Continue Reading →

Face It, We Are Going To See A Lot Of The Illinois’ Biometric Information Protection Act In Courts

Over the last few weeks, the Illinois Biometric Information Privacy Act (“BIPA”) (740 ILCS 14/1 et seq.) has presented a number of unique questions for courts.  On February 14, 2017, we addressed Vigil v. Take-Two Interactive Software, Inc., where the U.S. District Court… Continue Reading →

Emerging Privacy Issues In Discovery Of Social Media

By Danita L. Davis Sudac Individuals’ willingness to share detailed accounts of their lives on social media sites, such as Facebook, has created an unparalleled source of evidence for lawyers seeking discovery.   There is little question that social media evidence… Continue Reading →

Class Action Suit Filed by Credit Union over Arby’s Data Breach

On February 10, 2017, Midwest America Federal Credit Union (Midwest America) filed a class action complaint in the U.S. District Court for the Northern District of Georgia against Arby’s Restaurant Group, Inc. Midwest America’s complaint alleges that defendants failed to… Continue Reading →

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