Privacy Risk Report

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policy

Another Court Finds No Coverage Under CGL Insurance Policy for Data Breach

While some courts have found coverage for data breach claims under CGL policies, there should be little dispute that the best way to limit risk is to obtain a cyber policy rather than hoping for coverage under a CGL policy…. Continue Reading →

Tick Tock: A GDPR Primer To Meet The Deadline Next Week

Discussions on privacy laws have taken front and center in recent weeks as European Union (EU) member states begin enforcing the General Data Protection Regulation (“GDPR”) on May 25, 2018.  As we have been discussing for a while, there is… Continue Reading →

The Line Between Obligations To Disclose Information And Obligations To Protect Private Information

For many years, governmental bodies and some commercial companies have had a responsibility to provide information conveniently to the public.  Specifically, under Open Records Acts, Freedom of Information Action requests and other similar requirements, many governmental bodies have to provide… 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 →

Schnucks Market Decision Discounts Argument That Breach Notification Law Gives Rise To Private Cause Of Action

The litigation arising out of the data breach at Schnuck’s Markets (“Schnuck’s) occurring from December of 2012 through March of 2013 is still providing us with insight as to how courts may treat data breach claims.  The latest development related to this… Continue Reading →

Use of Biometric Data Enters the Courts

The Privacy Risk Report has previously reported on the necessity to safeguard personal information such as names, addresses, social security numbers and credit card information to avoid risk resulting from data breaches. The latest trend we are seeing now involves… Continue Reading →

First Class Hack: Researcher Claims Airplane In-Flight Entertainment Systems Give Path to Flight Controls

To overcome his anxiety with flying, IOActive’s researcher/author, Ruben Santamarta, began “spending some flights hacking stuff.” In his December 20, 2016 blog post, “In Flight Hacking Systems,” Santamarta describes how he  tried to gain a better understanding of the In-Flight Entertainment… 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 →

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 →

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