Privacy Risk Report



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 →

Courts Begin to Struggle With Issues Presented by the Internet of Things

The “Internet of Things” generally describes how physical objects around us are increasingly becoming wired to the internet, providing unprecedented access to information on how we live our lives. While it is well established that the Internet of Things provides… 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 →

The Rise of Ransomware and Cyberbullying Insurance

Over the last few years, cyber security has focused on incidents where there is no contact with the criminal. That is, a data breach would occur and the criminal would be long gone before the victim knew there was an… Continue Reading →

Apple’s Privacy Battle – Early Observations for Litigation and Insurance

The largest privacy case to date is currently pending in the U.S. District Court for the Central District of California between Apple and the U.S. Government. This case arises out of a request by the Department of Justice and FBI for… Continue Reading →

Uber and Lyft Demonstrate How Cybersecurity Changes the Way Businesses Deal With Each Other and Customers

As the number of hacks and breaches increase in the news, people are not just becoming more accepting of data breaches, they are expecting to see data breaches. Now businesses are also expecting to see their competitors attempt to hack them…. Continue Reading →

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