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Cyber Security Insurance: Four Key Questions to Ask When Speaking to a Broker

As cyber-attacks and data breaches are becoming increasingly commonplace, management and corporate boards are seeking avenues to transfer a wide-range of potential cyber risks through an insurance policy. Mr. Zeichner discusses the four key questions that must be asked by any corporation seeking to obtain...

Smaller Companies Should Consider Cyber-Liability Insurance

Smaller companies increasingly are the subject of data breaches and those smaller companies "are the number-one target of cyber-espionage attackers," according to a recent study detailed in a April 24, 2013 CFO.com article entitled "Should You Consider Cyber Insurance?" ( here...

Preparing for a Data Breach – What to Know About Breach Notification

by Kelsey S. Farbotko Data breaches are at the forefront of the news, and many companies, including those dominant in the health care industry, have found themselves front and center in the headlines. Although recent news stories have focused their attention on attacks on major, nationwide companies...

Thinking About the Data Breach Securities Class Action Lawsuits Yet to Come

There has been extensive litigation filed in the wake of the many high-profile data breaches over the last several years, but by and large the lawsuits have been filed on behalf of consumers or employees. Along the way, there have also been lawsuits filed against the directors and officers of the companies...

Next Up: A Home Depot Data Breach-Related D&O Lawsuit?

After claimants filed shareholders’ data breach-related derivative suits against the boards of Target ( here ) and Wyndham Worldwide ( here ), a number of commentators (including me) asked whether we could see a wave of cybersecurity related D&O lawsuits. Interestingly, since these two lawsuits...

O.K., This Is a Big Deal: 7th Cir. Reinstates Neiman Marcus Consumer Data Breach Class Action

In a ruling that could provide an important boost future consumer data breach class action litigation, the Seventh Circuit has reinstated the Neiman Marcus data breach lawsuit, ruling that the district court erred in concluding that the plaintiffs’ fear of future harm from the breach was insufficient...

Data Breach-Related Derivative Lawsuit Filed against Home Depot Directors and Officers

In early 2014, when plaintiffs initiated data breach-related derivative lawsuits against the boards of Target Corp. ( here ) and Wyndham Worldwide ( here ), there was some speculation that these cases might be the first of what could become a wave of data-breach related D&O lawsuits. But then the...