Privacy Risk Report

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Protecting Against the Risk

Ashley Madison Litigation Reveals Another Hurdle for Data Breach Plaintiffs: Real Name vs. Pseudonym

As data breach plaintiffs are starting to overcome questions of whether or not they have standing to bring lawsuits in federal court under Article III of the U.S. Constitution, a recent decision may place an additional burden on plaintiffs. The August… Continue Reading →

Phish and Chips: Retailers Face New Liability For Fraud Committed With New Chip Credit Cards

Many consumers are finding new EMV (Europay Mastercard Visa) credit cards in their mailboxes to replace their old credit cards with a magnetic strip on the back. EMV cards are commonly referred to as “chip cards” and are intended to cut down on… Continue Reading →

Hackers See You When You’re Sleeping–Hackers Know When You’re Awake: Major Data Breach Involving Children’s Information and Pictures Calls Smart Toys Further Into Question

As we go into the holiday shopping season, many questions arise about whether “smart toys,” which store sensitive data regarding children, are secure from hackers. Children are high-valued targets for hackers because they have clean credit reports and their credit histories likely… Continue Reading →

Anonymous and Other Hackers vs. ISIS: Cyber Security Implications

Less than 24 hours after the Islamic State in Iraq and Syria (ISIS) killed more than 100 people in Paris, the hacking group Anonymous used an unverified video declaring war on ISIS. In a video posted to YouTube, an Anonymous… Continue Reading →

The First Cable Operator to Be Targeted by the FCC for Data Breach Settles for $595,000

The Federal Communications Commission (FCC) recently fined Cox Communications, Inc. (Cox) $595,000 for failing to properly protect its customers’ personal information related to a 2014 data breach. In the November 5, 2015, FCC order, the FCC stressed the importance of… Continue Reading →

Let’s Get Ready to Rumble: Gloves Come Off in Data Breach Standing Case

While we have seen defendants in data breach cases argue that plaintiffs were not injured and therefore lack standing to bring suit, litigants in a recent data breach case have directly addressed issues some litigants have previously danced around. On August… Continue Reading →

Add “Unregulated Data” Security to the Growing List of Cybersecurity Concerns

It has become clear that a data breach of personal information protected by a statute or other legal framework, or “regulated data,” can have significant consequences if the proper safegaurds are not put in place. However, with cybersecurity threats constantly evolving,… Continue Reading →

Decision in “Rent-to-Own” Spying Case Provides Another Nail in the Coffin for Coverage of Privacy Concerns Related to New Technology Under Traditional Insurance

The September 25, 2015 American Economy Ins. Co. v. Aspen Way Enter. decision provides another example of new technology causing problems under traditional insurance policies. The insured in this case, Aspen Way, is a franchise of Aaron’s Inc., which operates “rent-to-own”… Continue Reading →

Todd Rowe Authors Article For ABA’s Fall 2015 TortSource: Insurers and Policyholders Face Confusion in the Cyber Insurance Marketplace

Todd M. Rowe authored the article, “Insurers and Policyholders Face Confusion in the Cyber Marketplace,” for the Fall 2015 edition of the American Bar Association’s TortSource. In an effort to address an audience that has extensive knowledge of the insurance… Continue Reading →

New Study and Recent Criminal Conviction Sheds Light on the “Malicious Insiders” Threat

While large cyber attacks and data breaches may get the headlines, a recent study prepared by the Ponemon Institute and Hewlett-Packard and a recent criminal conviction of a Los Angeles Times reporter that disclosed corporate passwords on a hacker website serve… Continue Reading →

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