This article originally appeared on November 3, 2016 in the Horton Group’s newsletter. The term “Internet of Things” (IoT) refers to networks of “smart” devices (including appliances, vehicles, watches and toys) that collect and exchange data over the internet. In… Continue Reading →
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 →
In August 2015, Privacy Risk Report published a post regarding Target sealing its documents associated to the massive 2013 data breach in order to protect itself from hackers. Target contended that if documents related to its data breach litigation were filed… Continue Reading →
In January 2016, Affinity Gaming (Affinity), the owner of several casinos, filed a complaint in the District Court of Nevada against Trustwave Holdings, Inc. (Trustwave), a data security investigator, for Trustwave’s work in securing data after Affinity suffered a data breach…. Continue Reading →
A few years ago many people questioned the need for cyber insurance. In fact, the argument was made that although there were a substantial amount of resources dedicated to Y2K preparation, Y2K never became a problem. However, these days it… Continue Reading →
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 →
Whether a litigant has “standing” to bring a lawsuit has been a threshold question in data breach cases for a number of years. The basic criteria addressing this is found in Article III of the Constitution which limits the jurisdiction of… Continue Reading →
For years there has been a discussion over whether data breaches and cyber security can eventually be regulated by centralized laws rather than various state and federal laws and regulations. Even in October 2014, President Obama called upon Congress to… Continue Reading →
Ransomware attacks are on the rise and appear to be a long-term problem. For example, last February in California, the Orange County Transportation Authority (OCTA) suffered a ransomware attack that shut down a number of its computers, causing more than… Continue Reading →
In Ellicott City Cable LLC v. AXIS Ins. Co., the U.S. District Court for the District of Maryland held the term “data” did not include cable television programming that was accessed without DirecTV’s authorization. The definition of “data” became the… Continue Reading →
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