Privacy Risk Report

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Protecting Against the Risk

Expert Witness Testimony Must Be Accounted for While Valuing Damages in Cyber Cases

Although cyber litigation is still evolving, there has been little opportunity to consider the value of expert witnesses and consultants in these cases. However, as we begin to see more claims and litigation, there will be no question that expert… Continue Reading →

Cardinals’ Exec’s Prison Sentence Sets Stage for Future “Cyber Espionage” Cases

The New York Times has reported that a Texas federal judge sentenced former St. Louis Cardinals Director of Baseball Development, Christopher Correa, to 46 months in prison after pleading guilty to five counts of unauthorized access of a protected computer. The… 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 →

Shareholders’ Derivative Suit Misses Target, Still Offers Warning to Directors & Officers

On July 7, 2016, Judge Paul Magnuson of the United States District Court for the District of Minnesota granted several motions to dismiss by Target directors and officers seeking dismissal of derivative suits filed by various Target shareholders. The derivative… Continue Reading →

Pokémon Go Provides Opportunity for Insurers to Start Considering New Technology

At the height of the Internet of Things, a new technology craze has thrown the insurance industry for another loop as “augmented reality” takes hold. On July 6, 2016, Pokémon Go, an interactive app-based game, is on pace to have… 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 →

Brexit Vote Not Expected to Immediately Impact US Cyber Insurance Marketplace

Last week, Great Britain voted to leave the European Union (EU), a landmark move known as “Brexit,” with more than 17.4 million voting to leave while 16.1 million voted to remain. The vote resulted from a referendum put forth by… Continue Reading →

Home Is Where the Hacker Is: Cyber Coverage Becoming Necessary for Homeowners

There has been significant discussion since 2015 on how the “internet of things” is expected to impact our daily life, including our homes. In general, the term “internet of things” (IoT) refers to a network of “smart” devices found in… 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 →

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