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data breach

LONDON CALLING: New Report from Marsh and UK Government Outlines Differences in Approach to Cyber Threats in UK and US

On March 23, 2015, Marsh and the United Kingdom Government released a Report titled: UK Cyber Security: The Role of Insurance in Managing and Mitigating the Risk. The Marsh Report is stated to be “the result of close working between the… Continue Reading →

Target and Consumer Plaintiffs Nearing Settlement of Class Action Suit Related to 2013 Data Breach

Early news reports indicate that Target will pay $10 million to settle a class action lawsuit with the “Consumer Plaintiffs” related to the 2013 data breach at its stores. The consumer plaintiffs will be paid settlement proceeds through a dedicated website. The proposed… Continue Reading →

Modification of Data Breach Laws Directly Impacts Insurers and Insureds

We have previously reported on other states, including California and New Jersey, strengthening their data breach notification laws. Illinois Attorney General, Lisa Madigan, is now proposing similar steps be taken in Illinois. In support of her attempt to modify the 2005 law, Madigan stated: “In… Continue Reading →

LinkedIn Settles Data Breach Class Action With Its Paying Members

On June 6, 2012, LinkedIn announced it had a data breach that involved hackers taking 6.5 million passwords from March 16, 2006 through June 7, 2012. The passwords were ultimately published on a Russian hacker website. A class action lawsuit… Continue Reading →

Another Court Dismisses Data Breach Class Action on 12(b)(1) Standing Grounds

In a case of first impression within the Fifth Circuit, a district court has dismissed a putative class action complaint brought after a data breach against one of the larger health organizations operating in California and Texas. In Peters v. St…. Continue Reading →

The Upward Trend in Cyberliability Insurance

A recently published article in the L.A. Times titled “Spending On Cyberattack Insurance Soars As Hacks Become More Common,” takes a look at the evolution of cyberliability insurance over the past couple of years. While the insurance industry tried to justify the… Continue Reading →

White House Cyber Security Summit Set for February 13, 2015

President Obama has invited the CEO’s of some of America’s largest companies to convene with top government security and law enforcement officials at a summit to be held at Stanford University on February 13, 2015. Expected to join are top… Continue Reading →

White House Announces New Federal Cyber Threat Watchdog

President Obama’s counterterrorism coordinator recently announced the formation of a new federal agency, the Cyber Threat Intelligence Integration Center (CTIIC), to monitor threats to cybersecurity and to compile data and analysis of both threats and potential responses to breaches in cybersecurity. Although… Continue Reading →

Harmonization of Federal and State Requirements and Insurance Policy Conditions May Take Time

We have previously addressed First Commonwealth Bank v. St. Paul Mercury Ins. Co., No. 2:14-cv-00019-MPK (W.D. Pa.), where the insurer denied coverage under a professional liability policy because the insured first reimbursed its customer for amounts lost when a fraudulent wire transfer… Continue Reading →

Schnucks Data Breach Illustrates Various Moving Parts to Data Breach Claim

Last August, Schnuck Markets, Inc. (Schnucks) settled lawsuits resulting from a 2013 data breach, agreeing to pay customers for “documented lost time,” fraudulent charges and “extraordinary unreimbursed monetary losses” likely resulting from the breach. Recently, in its Memorandum and Order filed in Schnuck Markets, Inc. v…. Continue Reading →

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