Privacy Risk Report

Tag

litigation

Data Breach Litigation Evolves, Allows the Breaching Entity and the Breaching Entity’s Data Security Vendors to be Named as Defendants

To date, the key question in data breach litigation has been whether plaintiffs can demonstrate that they suffered damages and, therefore, have standing to bring suit. In just the last two weeks courts have rendered decisions on whether data breach… Continue Reading →

Court Rejects Insured’s Attempt at “Selectively Reading” Property Policy to Cover Data Breach

In Camp’s Grocery, Inc. v. State Farm Fire & Cas. Co., 4:16-cv-00204 (October 25, 2016), the U.S. District Court for the Northern District of Alabama granted summary judgment to defendant State Farm and denied plaintiff Camp’s Grocery (Camp’s) cross-motion to… Continue Reading →

Barbie (Still) Can’t Keep a Secret: Toy Makers Enter Settlement Related to “Smart Toys”

In March 2015, there was growing concern over privacy issues related to collecting data via “smart toys.” At that time, Mattel had just released its newest Barbie, “Hello Barbie,” which contained an embedded microphone in the doll’s belt to record… Continue Reading →

Understanding Issues Related to “Standing” in Data Breach Litigation Provides Insight to Insurers

Whether a litigant has “standing” to bring a lawsuit has been a threshold question in data breach cases for a number of years. The basic criteria addressing this is found in Article III of the Constitution which limits the jurisdiction of… Continue Reading →

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 →

Nothing to See Here: Underreporting Cyber Security Incidents Impacts Cyber Insurance

Data indicates that large-scale data breaches in 2015 alone resulted in the exposure of approximately 429 million personal records. However, these estimates are too low because many data breaches are not reported. In fact, the “real number” of exposed personal… 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 →

Spokeo Decision Already Having “Concrete” Impact on Data Breach Class Action Litigation

On May 16, 2016, the U.S. Supreme Court issued its opinion in Spokeo v. Robins, a highly-contested circuit court split over the question of how to establish standing in federal courts under Article III. In ruling for the data-gathering company,… 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 →

© 2017 Tressler LLPDisclaimer | Privacy Policy

Tressler Blog Network Bad Faith BulletinCGL DispatchCondo Law WatchLocal Government LowdownThe Property LineSpecialty Lines Advisory