Over the last few years, cyber security has focused on incidents where there is no contact with the criminal. That is, a data breach would occur and the criminal would be long gone before the victim knew there was an… Continue Reading →
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 →
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 →
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 →
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 →
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 →
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 →
As the East Coast closely watches meteorologists’ models and predictions to prepare for Hurricane Joaquin, it may be a good time to consider the role of using statistics and models to predict the next data breach. A recent study entitled… Continue Reading →
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