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Anatomy of a Cyber Fraud Incident: Recent Fraud Impacts Company’s Bottom Line Within a Few Weeks

Cyber incidents are an unfortunate common occurrence in today’s marketplace and can negatively impact a company’s bottom line. A recent cyber incident shows just how quickly that can happen. In January 2016, there were a number of reports concerning a cyber… Continue Reading →

Cyber Risk: Hackers May Score Big at Super Bowl

Super Bowl 50 kicks off this Sunday, February 7 at Levi’s Stadium, Silicon Valley’s high-tech stadium in Santa Clara, CA. Super Bowl fans will be pleasantly surprised to find they are able to tweet, text and e-mail without any problems,… 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 →

Place Your Bets: Casino Sues Data Security Investigator After Breach

This article was originally published in Advisen’s Front Page News on January 20, 2016. A recently filed lawsuit by a casino will place a spotlight on the services provided by data security investigators and the expectations of those looking to… Continue Reading →

District Court Examines Cyber Insurer’s Obligation to Investigate Claims Prior to Suit

In May 2015, the U.S. District Court for the district of Utah denied an insured’s motion for partial summary judgment in Travelers Property Casualty Company of America et al. v. Federal Recovery Serv. et al., Case No. 2:14-cv-00170. The court previously… Continue Reading →

Cyber Insurance Lawsuit Demonstrates Need to Coordinate on Cyber Risks

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 →

Ashley Madison Litigation Reveals Another Hurdle for Data Breach Plaintiffs: Real Name vs. Pseudonym

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 →

Phish and Chips: Retailers Face New Liability For Fraud Committed With New Chip Credit Cards

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 →

Anonymous and Other Hackers vs. ISIS: Cyber Security Implications

Less than 24 hours after the Islamic State in Iraq and Syria (ISIS) killed more than 100 people in Paris, the hacking group Anonymous used an unverified video declaring war on ISIS. In a video posted to YouTube, an Anonymous… Continue Reading →

Let’s Get Ready to Rumble: Gloves Come Off in Data Breach Standing Case

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 →

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