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[Webinar] Ransom-ready: Navigating recovery, remediation and legalities - June 4th, 11:00 am - 12:00 pm EST

Kennedys and CYPFER are delighted to invite you to our 60 minute webinar on Tuesday, June 4, 2024. We will explore the practical and legal implications involved in navigating a ransomware event, and how decision-making in a...more

Ninth Circuit rules that California Insurance Code § 533 bars coverage for a settled malicious prosecution lawsuit

In an interesting new decision, the Ninth Circuit in Aspen Specialty Ins. Co. v. Miller Barondess, LLP (“Miller Barondess”) held that Section 533 of the California Insurance Code—which states that “[a]n insurer is not liable...more

Minnesota Federal Court rules Cyber Business Interruption clause covers funds lost in fraudulent wire transfer incident

As previously reported, on November 3, 2022, the federal district court for Minnesota, applying Minnesota substantive law, ruled that an insured was entitled to coverage under a Cyber Business Interruption clause for money...more

Connecticut’s new consumer data privacy law: a New Haven for privacy protection? Not exactly

Connecticut is the fifth state to pass a comprehensive privacy law. Senate Bill 6, “An Act Concerning Personal Data Privacy and Online Monitoring” (“CTDPA” or “Act”), passed in both chambers of the state legislature on April...more

“Stick[ing] out like a sore thumb”: BIPA fingerprint claims, the ERP exclusion, and a common thread amidst an intra-district...

It seems as of late that decisions regarding the scope of the Illinois Biometric Information Privacy Act (BIPA) and insurance coverage for those claims have been coming as quick as finger scan. Fresh off the heels of...more

An in-depth look at the Target decision finding that loss-of-use damages included costs of replacing payment cards compromised in...

On March 22, 2022, the United States District Court for the District of Minnesota ruled that two ACE insurers were obligated to indemnify Target Corporation (“Target”) for the amounts it paid to settle claims related to...more

Virginia Slim – A cheat sheet for the Utah Consumer Privacy Act

Utah is on the verge of enacting the Utah Consumer Privacy Act (UCPA), thereby becoming (perhaps surprisingly) the fourth state to enact a comprehensive consumer privacy law. Modeled somewhat after Virginia’s Consumer Data...more

Kennedys cybersecurity and privacy (US) 2021 year in review

As the world emerged from lockdown, it should come as no surprise that cybersecurity and data privacy remained dominant topics in the media and legal industry. Some of 2021 was much like 2020 – ransomware attacks continued to...more

What is Hostile or Warlike?: An in-depth look at the Merck war exclusion decision and its shortfalls

On January 13, 2022, the Superior Court of New Jersey, Law Division, held in Merck & Co., Inc., et al. v. ACE Amer. Ins. Co., et al., No. UNN-L-2682-18, that the Hostile/Warlike Action Exclusion in various property policies...more

In a new BIPA decision, coverage barred by Employment-Related Practices exclusion, but not by Access or Disclosure of PI exclusion

In American Family Mut. Ins. Co. v. Caremel, Inc., 2022 WL 79868, at *1 (N.D. Ill. Jan. 7, 2022), the Illinois federal district court ruled that a CGL policy did not provide “personal and advertising injury” defense coverage...more

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