Although cyber litigation is still evolving, there has been little opportunity to consider the value of expert witnesses and consultants in these cases. However, as we begin to see more claims and litigation, there will be no question that expert… Continue Reading →
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 →
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 →
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 →
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 →
In order to fully understand the risks associated with cyber security, insurers and policyholders are constantly forced to grasp new concepts related to the hackers themselves as well as how information sought by hackers is being stored and protected. In… Continue Reading →
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 →
On April 14, 2016 the 7th U.S. Circuit Court of Appeals issued its opinion in Lewert v. P.F. Chang’s China Bistro, Inc. where it held, once again, that data breach class action plaintiffs suffered damages that “were concrete and particularized… Continue Reading →
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 →
Researchers from the University of Illinois, the University of Michigan and Google published “Users Really Do Plug In USB Drives They Find.” The report covers the controlled experiment where researchers placed nearly 300 USB thumb drives around the University of… Continue Reading →
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