As we go into the holiday shopping season, many questions arise about whether “smart toys,” which store sensitive data regarding children, are secure from hackers. Children are high-valued targets for hackers because they have clean credit reports and their credit histories likely… Continue Reading →
The Federal Communications Commission (FCC) recently fined Cox Communications, Inc. (Cox) $595,000 for failing to properly protect its customers’ personal information related to a 2014 data breach. In the November 5, 2015, FCC order, the FCC stressed the importance of… 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 →
It has become clear that a data breach of personal information protected by a statute or other legal framework, or “regulated data,” can have significant consequences if the proper safegaurds are not put in place. However, with cybersecurity threats constantly evolving,… 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 →
Todd M. Rowe authored the article, “Insurers and Policyholders Face Confusion in the Cyber Marketplace,” for the Fall 2015 edition of the American Bar Association’s TortSource. In an effort to address an audience that has extensive knowledge of the insurance… 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 →
The number and scale of cyber attacks on U.S. corporations has outpaced the development of regulations and methods to enforce such regulations. To date, it has been relatively unclear whether cybersecurity would be governed by the Federal Trade Commission (FTC) Act,… Continue Reading →
On August 6, 2015, the Illinois Court of Appeals issued its opinion in Maglio v. Advocate Health and Hosp. Corp., dismissing the complaints filed in two class action lawsuits seeking damages related to a theft of Advocate Health’s computers containing information… Continue Reading →
Hackers have shown themselves to be resourceful in gathering information that allows them to commit their crimes. We have seen hackers use employees and other “out of wallet” information to gain access to data. Recent developments in the Target litigation provides a… Continue Reading →
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