Privacy Risk Report

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Privacy Risk Report

Did An Illinois Court Intend To Limit Coverage For BIPA Claims Under CGL Policies To One Year?

“Publication” has always been an important consideration under the Personal Injury prong of commercial general liability policies (“CGL”). Likewise, questions related to “publication” are growing in importance in litigation involving Illinois’ Biometric Information Privacy Act (“BIPA”). For example, Illinois courts… Continue Reading →

No Harm, No Foul: Delaware Court Dismisses Privacy Case When Plaintiffs Cannot Show Harm

Over the last couple of years, alleged privacy violations of the Illinois Biometric Information Privacy Act (“BIPA”) have flooded Illinois courts. One unique aspect of the BIPA class action cases in Illinois is seen when plaintiffs do not have to… Continue Reading →

New Webinar on March 12: Strategies for Illinois Schools to Get SOPPA Compliant Before the Deadline

Join us for this exciting new webinar… The Final Countdown: Strategies for Illinois Schools to Get SOPPA Compliant Before the Deadline Presented by Datamation and Tressler LLP Thursday, March 12, 2020 10:00 AM – 11:00 AM CT Click Here to… Continue Reading →

The Next Wave Of Biometric Cases: BIPA Customer Lawsuits

While there has been a huge increase in class action cases based on alleged violations of the Illinois Biometric Information Act (“BIPA”), it has not gone unnoticed that the vast majority of the recent cases are limited to allegations brought… Continue Reading →

Federal Court Shreds Illinois’ Biometric Statute Before Remanding Case Back To State Court

Despite having the potential to impact many data collectors, Illinois’ Biometric Information Protection Act (“BIPA”) has received surprisingly little analysis from state or federal courts. A decision issued on October 17, 2019, by the United States District Court for the… Continue Reading →

Home On The Range: Recent Decision Addresses Range Of Data Breach Cases

The recent decision in Kimbriel v. Abb, Inc.,19-CV-215 (October 1, 2019), provides insight into how far privacy law has developed in a short time. A couple of years ago there was little guidance as to what a plaintiff needed to… Continue Reading →

Are “Deepfakes” The Next Privacy Threat Facing Insurers And Insureds?

The current roster of threats–ransomware, phishing schemes and hacking–are well understood at this point. Of course, these threats are constantly evolving as we live in a world where criminals get bored quickly and need to move on. The newest privacy… Continue Reading →

The Neiman Marcus Case is Back and is Causing “Class Warfare”

The litigation resulting from the Neiman Marcus breach in 2013 continues to create interesting law and precedent.  The history on this matter is significant since Neiman’s breach exposed customers’ credit card numbers. This litigation has already created significant law on… Continue Reading →

Are Cyber Insurance Policies Being “Spoofed” by Recent Computer Fraud Decisions?

Courts have generally defined “spoofing” as “the practice of disguising a commercial e-mail to make the e-mail appear to come from an address from which it did not originate.  Spoofing involves placing in the ‘from’ or ‘reply-to’ lines, or in… Continue Reading →

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