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More Safe Harbor Protections for Navigating Cyber and Privacy Litigation

Cybersecurity and data privacy risks continue to loom large with potentially significant consequences. Litigation, often filed soon after incidents, adds to the possible repercussions. In our previous article, we discussed a...more

WTF?! – Wire Transfer Fraud Coverage Disputes Continue

Business email compromises (BECs) remain big business. According to a recent FBI report, “[i]n 2021, BEC schemes resulted in 19,954 complaints with an adjusted loss of nearly $2.4 billion.” This is an increase from just over...more

"Safe Harbor" Ports in a Cybersecurity Litigation Storm

Every organization with an online presence needs to continuously think about its cybersecurity. The number of cyberattacks spiked significantly during the COVID-19 pandemic with an estimated global loss of nearly $1 trillion....more

Business as Usual – so Far – for Data Breach Cases After TransUnion LLC v. Ramirez

The Supreme Court’s June 2021 decision in TransUnion LLC v. Ramirez led many to believe that data breach plaintiffs were going to have a difficult time establishing standing. After all, the Court suggested that exposure to...more

Testing the Limits III – Cyber Coverage Litigation Focuses on Computer Fraud Losses

Fraudsters deploy different computer-related techniques but toward the same end – “gaming the system” for their own financial gain. Some victims turn to insurance for recovery. Four recent federal appellate decisions reveal...more

“If at First You Don’t Succeed…” - Shareholders Keep Trying to Sue D&Os for Data Security Breaches

Several high-profile lawsuits have been filed in recent years by shareholders seeking to hold corporate officers and directors liable for damage resulting from data security breaches. For example, directors and officers at...more

Are You Sitting Down? Standing in Privacy Cases After Spokeo

In May of this year, in Robins v. Spokeo, the Supreme Court ruled on the important issue of standing for plaintiffs asserting statutory claims for damages in federal court. Some observers thought the decision would guide...more

“Everything Old is New Again” – Issues in Recent Cyber Insurance Litigation

Early days still for coverage litigation about cyber risks – whether under cyber insurance policies or other types of policies. This is not surprising given the relatively short history of cyber risks and even shorter history...more

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