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 →
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 →
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 →
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 →
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 →
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 →
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 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 →
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 →
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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