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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 →

Recent Slate Article Demonstrates How Cyber Insurance Coverage Litigation May Contribute To Confusion In Cyber Insurance Markets

By now, there is little question that the cyber insurance market can be confusing. Cyber claims typically involve complex and novel technological issues.The risk from hackers and negligence with private data is continuing to evolve. The policy language is unique… Continue Reading →

Sixth Circuit Decision Shows Limitations Of Computer Crime Policies For Cyber Events

Years ago, we saw a number of large-scale cyber incidents hit large retailers and government agencies.  A couple of years later, we saw the resulting litigation related to these large-scale incidents hit courts.  As courts struggled with issues related to the large-scale… Continue Reading →

Tesla Lawsuit Demonstrates Need To Take Closer Look At “Disruptive” Employees

A recent lawsuit filed by Tesla, Inc. provides a reminder of the potential threat caused by employees and other insiders to data collectors’ security. While there is a balance between proper security and creating a pleasant work environment for employees,… Continue Reading →

No Breach Required: Illinois Court Finds Providing Biometric Data To Vendor Without Proper Consent May Give Rise To Injury

Over the last few years, we have seen a number of common themes and concepts run through privacy cases and legislation.  We have seen plaintiffs struggle with surviving motions to dismiss because they failed to properly allege an injury.  Likewise, we have… Continue Reading →

Tick Tock: A GDPR Primer To Meet The Deadline Next Week

Discussions on privacy laws have taken front and center in recent weeks as European Union (EU) member states begin enforcing the General Data Protection Regulation (“GDPR”) on May 25, 2018.  As we have been discussing for a while, there is… Continue Reading →

Uber Claims Municipal Cyber Security Regulations Run Over State Attorney General’s Authority

Data collectors have been struggling with the fact that they may be storing data that is subject to various local, state, and federal laws and regulations. Not to mention the fact that data collectors will soon need to also make sure… Continue Reading →

Illinois Class Action Suit Highlights Issues When An Employer Allegedly Breaches Employee Data

A class action entitled Wade v. ABM Indus. Inc., 2018 CH 3855 was initiated last week against ABM Industries (“ABM”) in Illinois based on allegations that ABM recently breached its employee’s Personal Information.  In summary, the class action plaintiff claims… Continue Reading →

Ironing Out The Wrinkles In Data Legislation: A Case Study

There should be little dispute that the current patchwork of foreign, federal, state and industry cybersecurity regulations need to be harmonized in order to protect data. While these varying laws and proposed laws can be dizzying even for large corporations, it is… Continue Reading →

One-Size Does Not Fit All: Court Finds Not Every Crime Involving A Computer Is A Cyber Crime

Over the years there have been questions whether the term “cyber” is adequate in light of the exponential growth of privacy law.  First, the term “cyber” tried to do too much when it was used to describe everything from large-scale… Continue Reading →

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