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Ransomware Increasingly Targets Medical Providers

Ransomware continues to make headlines in the data security world, and with good reason.  A report issued earlier this year by the Director of National Intelligence highlighted the continued surge in ransomware attacks in the...more

Countdown to Virginia Consumer Data Protection Act

Virginia will be only the second state in the country to have a comprehensive data privacy law in effect. On January 1, 2023, the Virginia Consumer Data Protection Act (VCDPA) takes effect. VCDPA provides Virginia...more

The Cyber Incident Reporting for Critical Infrastructure Act is Here. Now What?

Earlier this month, President Biden signed into law the Cyber Incident Reporting for Critical Infrastructure Act. The purpose of the Act is to facilitate the hardening of the defenses of key U.S. infrastructure against cyber...more

Protecting Forensic Reports in Breach Cases: Lessons Learned from Recent Cases

A recent decision of the U.S. District Court for the District of Columbia further erodes a defendant’s claim of privilege with respect to expert reports related to data breaches.  However, it also provides important...more

What Can the CARES Act Do for Your Organization?

The Coronavirus Aid, Relief, and Economic Security (CARES) Act is now U.S. law. The Act offers relief to small businesses by creating more favorable terms for loans provided by the Small Business Administration. If you own or...more

California Consumer Privacy Act Now In Effect

2020 ushered in significant new privacy rights for residents of California. The California Consumer Privacy Act (CCPA), which took effect January 1, 2020, provides important rights to California consumers concerning how...more

Don’t Be the (Uninsured) Victim of a Foreign Cyberattack

U.S. government officials and cybersecurity experts are warning businesses to prepare for a surge in cyberattacks from Iran. On Thursday of last week, U.S. Cyber Command carried out online attacks against Iranian missile...more

Supreme Court of Illinois Expands Grounds for Standing in Privacy Suits

As the number and scale of cases involving the theft or loss of personal information grows, so does the number of plaintiffs filing suit as a result. One of the most difficult hurdles for these plaintiffs to clear is the...more

Fourth Circuit Finds that Class of Data Breach Plaintiffs Have Standing

In Hutton v. Nat’l Bd. of Exam’rs in Optometry, Inc., published on June 12, 2018, the U.S. Court of Appeals for the Fourth Circuit decided that a class of plaintiffs alleging damages related to a data breach had standing to...more

Court Denies Plaintiff's Gameshow Approach to Litigation and Twice Denies Her Motion to Increase Her Demand

The First Case - The plaintiff filed a Complaint asking for an award of $250,000. She alleged she was entitled to this amount as compensation for injuries the defendant’s armored van caused her during a 2013 automobile...more

Court Refuses to Exclude Evidence of Disciplinary History of Plaintiff's Expert

The plaintiff filed a Complaint alleging she was injured in a March 23, 2013, automobile accident. In her initial expert disclosure, the plaintiff identified a single doctor as her only damages expert. The doctor had never...more

Court Excludes Plaintiff's Expert's Opinion On Future Damages

The plaintiff filed a Complaint in the Fairfax County Circuit Court claiming the defendant injured her in an automobile accident. After deciding not to use the first expert orthopedist she hired for the case, the plaintiff...more

Court Excludes Evidence Developed Through Plaintiff’s Surreptitious Contact with Corporate Defendant’s Employees

On March 27, 2015, Jalal Haidar brought suit in federal court, alleging that he had been injured by a dangerous condition in a hotel. According to Haidar, he sat motionless on a hotel toilet for approximately fifteen seconds...more

Cybersecurity Experts to Congress: It’s Time for Guidance

On October 21, 2016, millions of internet users across the United States were prevented from accessing a number of popular websites, including Amazon, Netflix, Spotify and Twitter. The reason? A hacker had previously...more

What Is the Impact of NHTSA Automated Vehicle Policy on Transportation Liability?

On September 19, 2016, the National Highway Transportation Safety Administration (NHTSA) issued a Policy regarding automated vehicles. NHTSA issued the Policy for the purpose of providing guidance to the states,...more

Fourth Circuit Finds CGL Insurer Has Duty to Defend Cyber Claim

In Travelers Indem. Co. of Am. v. Portal Healthcare Solutions, L.L.C., 2016 U.S. App. Lexis 6554, decided on April 11, 2016, the United States Court of Appeals for the Fourth Circuit found that a commercial general liability...more

Supreme Court Declines to Penalize Plaintiff for Failure to Correct Misnomer

Linda Richmond alleged injuries from an April 12, 2009 auto accident that occurred when her vehicle was struck by a vehicle driven by Katherine E. Volk. The vehicle operated by Volk was owned by Jeannie Cornett. Richmond...more

Autonomous Trucking and the Death of Driver Negligence?

The effect of AV technology on the commercial trucking sector will be profound. If Chauffeur were an ordinary truck driver, instead of a collection of lines of code, it would soon be eligible for membership in the coveted...more

Virginia Supreme Court Expands Scope of UM/UIM Coverage

In an opinion issued on September 17, 2015, Est. of Slone v. Selective Ins. Co. of America, et al., the Virginia Supreme Court effectively expanded the scope of UM/UIM coverage in Virginia. Slone was filed as a declaratory...more

Changes to Federal Rules of Civil Procedure Effective December 1, 2015

Numerous amendments to the Federal Rules of Civil Procedure will come into effect on December 1, 2015. The amendments are to Rules 1, 4, 16, 26, 30, 31, 33, 34, 37, 55 and 84. These amendments will have a variety of effects...more

Changes to Virginia UM/UIM Law

Virginia has made changes to its underinsured motorist law that will take effect on July 1, 2015. The changes come with the addition of Va. Code § 8.01-66.1:1, and with amendments to Va. Code § 38.2-2206. The major impact of...more

Driverless Cars Have Come to Virginia: Considerations for Automated Vehicles

How does the law apportion responsibility when someone is injured by an automated machine? In the past, this question has come before courts only rarely, and in the context of accidents involving elevators or airplane...more

7/8/2015
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