What Constitutes a Reasonable and Defensible Process?
2/27/19
By: John Goselin
Society has coalesced around the general principle that businesses, governments or individuals in possession of personal confidential information (whether medical or financial) or personal identifiable information have a duty to protect that information from cyber bad guys …
Ninth Circuit Tightens FCRA Disclosure Requirements
2/12/19
By: Matthew Foree
Ninth Circuit Holds Combining State and Federal Disclosures Violates FCRA’s Standalone and Clarity Requirements
The Court of Appeals for the Ninth Circuit recently issued a decision regarding the disclosure requirements under the Fair Credit Reporting Act (“FCRA”). …
City Hacks – Atlanta’s 2018 Cyberattack and the Growing Need for Cyber Liability Insurance
2/12/19
By: Matthew Weiss
Already a growing area of liability insurance for businesses, the importance of cyber insurance for local governments came to the forefront last March when the City of Atlanta suffered a malware attack in which its computer networks …
New Cybersecurity Trend: Data Security and Disposal Laws
2/7/19
By: David Cole & Amy Bender
Tales of data breaches flood our news reports these days. By now, you hopefully are aware that all 50 states have laws requiring persons and organizations that own or maintain computerized data that includes …
The Sixth Circuit Finds Coverage For Fraudulent Wire Transfer Under Crime Policy
9/12/18
By: Allen Sattler
Business email compromise (“BEC”) claims consist of incidents where cyber criminals access or use a company’s email system to commit a crime, usually for financial gain and often including the use of trickery to convince an employee …
Smart Cities Face Hacking Threat
8/15/18
By: Ze’eva Kushner
As you sit in traffic, frustrated and wondering why the city or municipality cannot do something to ease congestion, know that a city’s use of internet-connected technology to make your commute better may also invite hackers to …
The CCPA: Precursor To American GDPR Or Undue Burden On American Businesses
7/30/18
By: Jonathan Romvary
As we recently posted, California recently passed the landmark California Consumer Privacy Act of 2018 (“CCPA”) that goes into effect on January 1, 2020 and grants California residents new expansive privacy rights. Many observers are comparing …
California Passes New Comprehensive Data Privacy Law
7/16/18
By: Kacie Manisco
California has passed a sweeping data privacy law that will result in dramatic changes to how businesses in the state handle consumer data. AB 375, which will take effect on January 1, 2020, grants consumers more control …
Cyberrisks to Contractors and Securing Proper Coverage
6/29/18
By: Barry Brownstein
Increasingly sophisticated hackers have targeted personal and business data held by companies like Target Corp., Sony Corp., Equifax Inc. and Yahoo Inc. during the past decade. The construction industry is just as susceptible …
Eleventh Circuit Rejects Insured’s Claim for Coverage for $10.7 Million Loss Under Computer Fraud Policy
6/18/18
By: Bill Buechner
The Eleventh Circuit recently held that an insured could not recover $10.7 million in losses under a computer fraud policy covering losses “resulting directly from” the use of a computer to fraudulently cause a transfer of funds.…
Google, The Supremes & Cy Pres
6/14/18
By: Samantha Skolnick
At the end of April, the U.S. Supreme Court accepted a certiorari petition in the case Frank v. Gaos, No. 17-961, 2018 WL 324121 (U.S. Apr. 30, 2018). The Supreme Court will determine if a class-action …
A Majority of Federal Agencies Are “At Risk” For Further Data Security Incidents
6/6/18
By: Allen Sattler
The Office of Management and Budget (“OMB”) performed a cyber security risk assessment of 96 federal agencies, and it recently published its findings in the “Federal Cybersecurity Risk Determination Report and Action Plan.” The OMB reported that …