What seems like a long time ago now, in 2011 PricewaterhouseCoopers (PwC) warned that “there is no question that law firms are among the companies being targeted by cyber criminals.” Despite this, many law firms believed (or...more
The growing percentage of businesses that purchase cyber security and data privacy insurance portends a growing number of claims and, inevitably, litigation over some of those claims. Wells Fargo’s 2015 Cyber Security and...more
Insurers have struggled to find a common baseline to measure cyber risks. Changes in technology, hacking and other data security risks and the shifting legal landscape concerning liability for data breaches have made the...more
Does the Third Circuit’s recent decision in FTC v. Wyndham Worldwide Corp. usher in a new era of enforcement by the FTC and other federal agencies regarding cybersecurity practices? Regardless of the answer, it is important...more
Interesting conclusions about data breach costs emerge from two new studies, the 2015 Ponemon Institute’s Cost of Cyber Crime Study: Global and the 2015 NetDiligence® Cyber Claims Study. While the phrase alluded to in our...more
Retail Tracking Update: Privacy Guidance Following Nomi Technologies
- There is currently a widespread effort to quantify everything, from steps, to sleep, to batted ball exit velocity. Fifteen years ago, TV host Jeremy...more
7/31/2015
/ Breach Notification Rule ,
Canada ,
Confidential Information ,
Cyber Attacks ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Protection ,
EU ,
Facebook ,
FOIA ,
Hong Kong ,
Identity Theft ,
Notification Requirements ,
Online Safety for Children ,
PCPD ,
Personal Data ,
PIPEDA ,
Power Grid ,
Retail Tracking ,
Risk Assessment ,
Standing ,
Telecommunications ,
Turkey ,
UNCITRAL
In what is sure to be a widely cited data breach standing decision, the U.S. Court of Appeals for the Seventh Circuit found that increased risk of future harms from a data breach are sufficient to confer standing to sue upon...more
In the fast-developing cyber insurance marketplace, insurers have closely considered the possible risks and have analyzed the potential aggregation of such risks. While not the only topics of interest to insurers, these two...more
7/29/2015
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
Recent data breaches have prompted worries about economic damage to the infiltrated companies. Analyses in fact show minimal effects on stock prices or revenues of the hacked companies. But that may be only temporary comfort...more
Where do we stand on standing in data breach cases? It depends on which court you ask. In December 2014, two courts considered whether plaintiffs alleged sufficient injury in their complaints involving well-known data...more