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Schnucks Market Decision Discounts Argument That Breach Notification Law Gives Rise To Private Cause Of Action

The litigation arising out of the data breach at Schnuck’s Markets (“Schnuck’s) occurring from December of 2012 through March of 2013 is still providing us with insight as to how courts may treat data breach claims.  The latest development related to this… Continue Reading →

Fallout From Home Depot Breach Continues to Cause Concern for Corporate Officers

High profile data breaches are inevitably followed by a flurry of lawsuits, including derivative lawsuits filed by those companies’ shareholders. However, derivative suits have not found success and are frequently dismissed at the early stages of the lawsuit. Earlier this… Continue Reading →

First-Party Insurance Claims Related to the “Internet of Things” an Emerging Issue for 2016

While the “internet of things” (IoT) is not a new concept for the insurance industry, many people outside the insurance industry are just beginning to discuss this issue. In general, the term “internet of things” refers to a network of… Continue Reading →

Home Depot Breach Litigation Goes Down Well-Worn Path

On July 1, 2015, Home Depot filed a motion to dismiss the “Financial Institution Plaintiffs’” class action lawsuit filed in the District Court for the Northern District of Georgia. The class action is based on the breach suffered by Home… Continue Reading →

Following 2014’s “Year of the Breach,” 2015 is Shaping Up to Be the “Year of Data Breach Litigation”

Last year, there were a number of high profile breaches—earning 2014 the “Year of the Breach” tag. This year is seeing the fallout, as many of these breaches have resulted in significant litigation. For example, the Home Depot breach in April… Continue Reading →

Shareholders May Be Growing “Numb” to Data Breaches at Publicly Traded Companies

In the March 31, 2015 article, “Why Data Breaches Don’t Hurt Stock Prices,” the Harvard Business Journal discusses why stock prices may not be immediately impacted by a data breach at a company. The article discusses the fact that shareholders may be… Continue Reading →

Lawsuit Involving Regional Bank Should Serve as a Warning to Smaller Businesses

On January 21, 2015, Travelers Casualty and Surety of America (Travelers) sued Ignition Studio Inc. (Ignition) based on professional negligence and breach of contract claims in the District Court for the Northern District of Illinois. Travelers filed the action based… Continue Reading →

Early Observations Concerning the Sony Hack and Cyberliability Insurance

At this point, we have been bombarded with many of the details and a lot of speculation related to the November 2014 Sony Pictures hack. In short, hackers stole sensitive information and data including everything from private employee information, emails sent… Continue Reading →

Recent Data Breach at Chicago Parking Garages Shows Us the Danger When Hackers Seek Smaller Targets

Recent news of a data breach involving SP+, the owner of a number of parking garages around Chicago, provides another reminder that Target and Home Depot should not be alone in their concern over data breaches. SP+ informed its customers late… Continue Reading →

Home Depot Data Breach Provides Glimpse of Potential Causes of Action

Home Depot’s data breach has already cost the company more than $60 million, not including potential costs for civil damages in suits brought by consumers, shareholders, and financial institutions. However, Home Depot’s potential costs do not stop there. Recent reports indicate Home Depot may have… Continue Reading →

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