Privacy Risk Report

Author

Todd Rowe

Illinois Court To Determine If NotPetya Malware Is Excluded As War Under Insurance Policy

NotPetya was a malware attack that began to impact businesses around the world in June of 2017.  As it turns out, the US and UK governments have publicly blamed Russia for NotPetya.  Many commentators believe NotPetya was a politically-motivated attack… Continue Reading →

Illinois Supreme Court Set to Address Amusement Park’s Use of Biometric Data

The Illinois Biometric Information Protection Act (“Act”) states that “[a]ny person aggrieved by a violation of this Act shall have a right of action in a State circuit court or as a supplemental claim in federal district court against an… Continue Reading →

Shake It Off! Even Taylor Swift Is Collecting Your Biometric Data

Taylor Swift has a stalker problem.  In April 2018, a man broke into her New York City loft and took a shower before falling asleep in her residence.The same stalker attempted to break Taylor Swift’s front door down with shovel… Continue Reading →

Pennsylvania Supreme Court Finds Collecting and Storing Employee Data Gives Rise To Duty: Is the Pendulum Swinging Back In Favor Of Data Breach Plaintiffs?

Not long ago, data collectors could feel secure in the fact that plaintiffs had a significant hurdle to establish standing to bring a lawsuit related to a data breach. However, on November 21, 2018, the Pennsylvania Supreme Court issued its… Continue Reading →

Can We Talk?  “Discussion Draft” of U.S. Privacy Protection Bill Sheds Light on the Future of American Privacy Law

Many governments are following the European Union’s lead with GDPR by enacting privacy laws that place significant burdens on data collectors.  For example, on November 1, 2018, Canada enacted a new privacy law that makes companies responsible for any losses caused… Continue Reading →

New ABA Formal Opinion Indicates Data Breach May Present Ethical Issue for Lawyers

On October 17, 2018, the American Bar Association published Formal Opinion (“F.O. 483) to directly address cyber security for lawyers. Specifically, F.O. 483 provides guidance on “attorney’s ethical obligations when a data breach exposes client confidential information.”  As an initial… Continue Reading →

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 →

The Neiman Marcus Case is Back and is Causing “Class Warfare”

The litigation resulting from the Neiman Marcus breach in 2013 continues to create interesting law and precedent.  The history on this matter is significant since Neiman’s breach exposed customers’ credit card numbers. This litigation has already created significant law on… Continue Reading →

New Decision Takes “Accounting” of Expert Witness Findings Related to Data Breach Damages

The recent decision in Blue Book Serv., Inc. v. Amerihua Produce, Inc., 2018 WL 4181482 (Aug. 31, 2018) sheds light on how damages may be calculated in data breach cases.  After analyzing whether an accounting expert was qualified to offer… Continue Reading →

Are Cyber Insurance Policies Being “Spoofed” by Recent Computer Fraud Decisions?

Courts have generally defined “spoofing” as “the practice of disguising a commercial e-mail to make the e-mail appear to come from an address from which it did not originate.  Spoofing involves placing in the ‘from’ or ‘reply-to’ lines, or in… Continue Reading →

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