In a decision last week entitled Landry’s, Inc. v. The Ins. Co. Of The State Of Pennsylvania, No. 19-20430, 2021 WL 3075937 (5th Circ., July 21, 2021), the Fifth Circuit Court of Appeals found coverage under a CGL Policy for… Continue Reading →
It was a quaint, innocent time before social engineering scams, ransomware or any of the other threats had evolved to hassle both large and small data collectors. In 2014 and 2015, large-scale data breaches at Home Depot, Best Buy and… Continue Reading →
The recent decision in Kimbriel v. Abb, Inc.,19-CV-215 (October 1, 2019), provides insight into how far privacy law has developed in a short time. A couple of years ago there was little guidance as to what a plaintiff needed to… Continue Reading →
There is little dispute that the Illinois Biometric Information Protection Act (“BIPA”) is a unique privacy law to the extent that it creates a private cause of action for any failures to notify individuals before their biometric information is collected… Continue Reading →
While the United States may not have data protections in place that are as extensive as those seen the European Union’s adoption of GDPR, there is still a comprehensive framework of state and federal regulations in place to protect personal… Continue Reading →
Data breach litigation inherently involves a significant amount of information, so it is no surprise to see discovery issues in breach cases. The typical data breach lawsuit may include discovery requests for pre-breach information (response plans, audits), response information (notification… Continue Reading →
Not long ago, data collectors could feel secure in the fact that plaintiffs had a significant hurdle to establish standing to bring a lawsuit related to a data breach. However, on November 21, 2018, the Pennsylvania Supreme Court issued its… Continue Reading →
While some courts have found coverage for data breach claims under CGL policies, there should be little dispute that the best way to limit risk is to obtain a cyber policy rather than hoping for coverage under a CGL policy…. Continue Reading →
The recent decision in Blue Book Serv., Inc. v. Amerihua Produce, Inc., 2018 WL 4181482 (Aug. 31, 2018) sheds light on how damages may be calculated in data breach cases. After analyzing whether an accounting expert was qualified to offer… Continue Reading →
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 →
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