While large cyber attacks and data breaches may get the headlines, a recent study prepared by the Ponemon Institute and Hewlett-Packard and a recent criminal conviction of a Los Angeles Times reporter that disclosed corporate passwords on a hacker website serve… Continue Reading →
While there has been significant increase in cybersecurity litigation this summer, one closely watched case, Columbia Cas. Co. v. Cottage Health Sys., 15-cv-3432 (2015 C.D. Cal.), has been taken outside the courtroom. On July 17, 2015, the District Court for… Continue Reading →
Last year, there were a number of high profile breaches—earning 2014 the “Year of the Breach” tag. This year is seeing the fallout, as many of these breaches have resulted in significant litigation. For example, the Home Depot breach in April… Continue Reading →
There have been more developments in the law related to cyber and data breach claims in the last two weeks than in the last year. First, Sony and Zurich settled their coverage dispute that left the lower court’s decision (which was… Continue Reading →
On May 11, 2015, the U.S. District Court of Utah denied an insured’s motion for partial summary judgment in Travelers Property Casualty Company of America et al. v. Federal Recovery Serv.et al. The court found there was no duty to… Continue Reading →
Early reports indicate that Sony Corp. of America and Zurich American Insurance Company (along with other insurers) have reached settlement terms today in their data breach case involving a hack of the online services for the Sony PlayStation in April 2011. These… Continue Reading →
This year’s PLUS (Professional Liability Underwriting Society) annual conference, held last week in Las Vegas, Nevada, provided insight on the issues underwriters are facing related to cyber liability and data breaches in the context of directors and officers insurance policies…. Continue Reading →
In First Commonwealth Bank v. St. Paul Mercury Ins. Co., No. 2:14-cv-00019-MPK (W.D. Pa.), St. Paul, the insurer for a bank, First Commonwealth, filed a motion to dismiss First Commonwealth’s breach of contract claim which sought coverage under a professional liability… Continue Reading →
We are starting to see insurance coverage litigation related to the data breach this summer at P.F. Chang’s restaurants. On October 2, 2014, Travelers filed a lawsuit in the District Court of Connecticut seeking a declaration that it has no duty to defend… Continue Reading →
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