On January 5, 2016, a federal District Court granted the removal petition of Lloyd’s of London in a declaratory judgment action involving coverage under a cyber policy. The Hotel Monteleone originally filed a lawsuit on December 10, 2015 in the… Continue Reading →
As the number of hacks and breaches increase in the news, people are not just becoming more accepting of data breaches, they are expecting to see data breaches. Now businesses are also expecting to see their competitors attempt to hack them…. Continue Reading →
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 →
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 →
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 →
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 →
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 →
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 →
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 →
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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