Privacy Risk Report

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cybersecurity

Recent Court Opinion Provides Insight Into Presidential Vote Recount Efforts

In the last few days, Hillary Clinton’s campaign has backed efforts to recount votes in key states. In addition to being a close election, many commentators have endorsed the recount efforts to address concerns over hackers tampering with the election… Continue Reading →

Data Breach Litigation Evolves, Allows the Breaching Entity and the Breaching Entity’s Data Security Vendors to be Named as Defendants

To date, the key question in data breach litigation has been whether plaintiffs can demonstrate that they suffered damages and, therefore, have standing to bring suit. In just the last two weeks courts have rendered decisions on whether data breach… Continue Reading →

Barbie (Still) Can’t Keep a Secret: Toy Makers Enter Settlement Related to “Smart Toys”

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 →

Cyber Insurance Can Develop Without Centralized Cyber Law

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 →

Walk the Plank: Court Finds Pirated Cable Programming Not “Data” in Multimedia Liability Policy

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 →

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 →

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 →

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 →

Something Old, Something New: Well-Established First-Party Property Concepts Used in Computer Hacking Coverage Case

On May 20, 2016, the U.S. Court of Appeals for the 8th Circuit affirmed a District Court decision finding coverage for a loss under a financial institution bond issued by BancInsure, Inc. (BancInsure) to the State Bank of Bellingham (Bellingham)…. Continue Reading →

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