Privacy Risk Report

Tag

hack

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 →

Cardinals’ Exec’s Prison Sentence Sets Stage for Future “Cyber Espionage” Cases

The New York Times has reported that a Texas federal judge sentenced former St. Louis Cardinals Director of Baseball Development, Christopher Correa, to 46 months in prison after pleading guilty to five counts of unauthorized access of a protected computer. 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 →

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 →

Spokeo Decision Already Having “Concrete” Impact on Data Breach Class Action Litigation

On May 16, 2016, the U.S. Supreme Court issued its opinion in Spokeo v. Robins, a highly-contested circuit court split over the question of how to establish standing in federal courts under Article III. In ruling for the data-gathering company,… 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 →

Highway Robbery: Michigan Legislature Debates Penalties for Hacking Motor Vehicles

As if rush hour traffic was not bad enough, last summer drivers learned that gadgets making life on the road easier could present cyber security concerns. Specifically, a lawsuit was filed against Jeep, based on allegations that Chrysler issued a… Continue Reading →

Early Observations in Portal Healthcare Decision: CGL Coverage for Cyber Claims?

Over the last couple of years, courts have struggled with whether cyber claims could trigger coverage under commercial general liability (CGL) insurance policies. While courts have found most cyber claims will not be covered as “bodily injury” or “property damage”… Continue Reading →

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