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Video: Immersion's Sakore On Post-Data Breach Challenges

Vinny T. Sakore of Immersion Ltd. is speaking at the Second Annual NetDiligence® Cyber Risk & Privacy Liability Forum June 9 to 10, 2011, in Philadelphia, co-produced by HB Litigation Conferences . Hear what Sakore had to say about the challenges companies face in the wake of a data breach. ...

Insurance Coverage for Denial-of-Service Attacks

By Scott Godes, Counsel, Dickstein Shapiro LLP It seems that 2011 has been the year of cyberattacks - denial of service attacks, data breaches, and more. Would your insurance policies cover those events? Beyond the denial of service attacks that made news headlines, a shocking "80 percent of...

CA: Possible Data Breach Reported and Contained for 300,000 Individual Records at Southern California Medical-Legal Consultants

Southern California Medical-Legal Consultants, Inc. (SCMLC) has announced that electronic files containing the names and social security numbers of approximately 300,000 individuals who have applied for California workers' compensation benefits have been exposed to unauthorized access. SCMLC is a...

Coverage for Cyber Risks

By Louis A. Chiafullo and Brett D. Kahn, Attorneys, McCarter & English, LLP In their article appearing in the May/June 2011 issue of Coverage , "Coverage for Cyber Risks," Louis Chiafullo and Brett Kahn first observe that the costs arising from data breaches are escalating exponentially...

Video: Illinois Assistant AG Nielsen On State Breach Notification Laws

Christine Nielsen, assistant attorney general for the State of Illinois, brought the perspective of a state agency to a lively discussion of breach notification laws during the NetDiligence® 2nd Annual Cyber Risk & Privacy Liability Forum , produced by HB Litigation Conferences in Philadelphia...

Video: Neiditz On HIPAA HITECH And Breach Notification

Jon Neiditz , an attorney with Nelson Mullins Riley & Scarborough , explained how the breach notification rules under the Health Insurance Portability and Accountability Act (HIPAA) differ greatly the state breach notification rules during the NetDiligence® 2nd Annual Cyber Risk & Privacy...

Video: JetBlue's Garvin On Cyber Risk Policies

How does a large corporation take on the daunting task of creating an appropriate level of coverage for cyber breaches? What kinds of things can insurance brokers do to help the underwriting process run more smoothly? Lee Garvin, Director of Risk Management with JetBlue Airways, answered these questions...

Video: Proskauer's Mathews On Liability Flowing From Data Breach Losses

Kristen Mathews of Proskauer Rose LLP spoke at the NetDiligence® 2nd Annual Cyber Risk & Privacy Liability Forum , produced by HB Litigation Conferences in Philadelphia on June 9, 2011, and explained who holds the responsibility for losses incurred by a data breach and what that party can do...

Video: Kroll's Prendergast On Data Breach Preparedness

Rick Prendergast of Kroll Fraud Solutions spoke at the NetDiligence® 2nd Annual Cyber Risk & Privacy Liability Forum , hosted by HB Litigation Conferences in Philadelphia on June 9, 2011 and explained why many companies are re-thinking their data breach preparedness. He also described the forensics...

Keller And Heckman LLP: Guide to Data Breach Preparedness and Response

Introduction The world of information technology has vastly expanded over the past few decades. Consumers can now shop online, pay bills, check bank accounts, and update information all with the click of a button. Information can be aggregated from different sources. Businesses manage global HR systems...

Data Security cyber liability USB Drive Locked

Measuring The Bull’s-Eye On Target’s Back: Lessons From The T.J. Maxx Data Breach Class Actions

“ Simply put, the class action vehicle is broken .” -- Judge William Young, Overseeing The T.J. Maxx Data Breach Litigation Once my wife believes something it is very difficult to change her mind. And if her mother agrees with her then look out. I could call in Socrates to speak with...

Target Directors and Officers Hit with Derivative Suits Based on Data Breach

I have frequently noted that among the many exposures a company experiencing a data breach could encounter is the possibility of a shareholder suit alleging that the company’s board breached their fiduciary duties by failing to take sufficient steps to protect the company from a breach and its...

The Target Data Breach: Some Preliminary Thoughts On Coverage; The Great Connecticut Coincidence; And The Real Insurance Impact

So far the focus of the Target data breach has been on its scope, how it may have happened, Target’s response and the various types of financial havoc that it could cause for the nation’s second largest retailer. But no doubt it won’t be long before insurance coverage becomes a front...

What This Country Needs Is a Good National Standard for Reporting Cyberattacks. At Least that’s What Attorney General Holder Says

In a video message, Attorney General Eric Holder called on Congress to create a strong, national standard for quickly alerting consumers whose information may be compromised by cyberattacks. Holder said that this legislation would strengthen the Justice Department’s ability to combat crime, ensure...

Just How Many Cyber Policies Are Floating Around Out There? (Not Nearly As Many As You Are Being Told)

Sometimes there are questions for which nobody knows the answer. And sometimes there are questions to which I know the answer but wish I didn’t – like how many Girl Scout Thin Mint cookies I ate last night. One question in the Tootsie Roll Tootsie Pop category is how wide-spread are cyber...

CGL And Data Breach: Taking A Different Approach Than – Is There Publication Of Material That Violates A Person’s Right Of Privacy?

Lately the coverage world has been abuzz over the New York trial court’s decision in Zurich American Ins. Co. v. Sony Corp. of America -- the first decision to address in earnest whether a commercial general liability policy provides coverage for the loss of a company’s customers’ personally...

Insurance Coverage for Data Breaches - What Every Business Needs to Know

By Michael R. Kelley . According to FBI Director Robert Mueller, "there are only two types of companies: those that have been hacked and those that will be…." Computer hackers stealing our personal information (social security numbers, bank accounts, addresses and phone numbers...

Vandeventer Black LLP: P:rimer On Virginia’s Data Breach Law: Part 1

By Christopher S. Colby Imagine that your laptop is stolen. Since you conduct all your business on it, you struggle to remember the last time you backed up your data, and agonize at the prospect of rebuilding weeks, months, and possibly years of files. As you contemplate the recovery of your business...

Vandeventer Black LLP: P:rimer On Virginia’s Data Breach Law: Part 2

By Christopher S. Colby Recall from Part I of the Primer on Virginia's Data Breach Law that your laptop has been stolen, and you have concluded there has been a breach of security under Virginia's data breach law. You must now determine whom to notify, and this will depend on your relationship...

DLA Piper: 7th Circuit: Victims Of Data Breaches Have Article III Standing To Litigate Class Action Lawsuits

By Amanda Fitzsimmons, Jim Halpert and Chelsea N. Mutual To date, an overwhelming majority of courts have dismissed data breach consumer class actions at the outset due to a lack of cognizable injury-in-fact, an essential element for standing under Article III of the U.S. Constitution. In Remijas...

Ballard Spahr LLP: 7th Circuit Green Lights Data Breach Class Action Against Neiman Marcus

By Phillip N. Yannella, Daniel JT McKenna and Suzanne O. Lufadeju An increase in data breach class actions could be the result of a recent decision of the Seventh Circuit holding that allegations of future harm stemming from a data breach can establish Article III standing. The majority...

The Great Barry Manilow Coincidence

Tapas: Small Dishes of Insurance Coverage News & Notes The Open Mic column in the last issue of CO – July 15th -- was titled “Barry Manilow And Cyber Coverage: Court Writes The Songs For Policyholders.” It addressed an Oregon case concerning cyber/data breach coverage under...

Ballard Spahr LLP: Pennsylvania Data Breach Class Action Survives Motion to Dismiss

By Daniel JT McKenna, Philip N. Yannella and Suzanne O. Lufadeju A federal judge in Pennsylvania has allowed a data breach class action against Coca-Cola and several bottling companies to proceed, finding that the plaintiff has Article III standing even though he had left Coca-Cola’s employment...

Troutman Sanders LLP: Trump Hotels Hit With Data Breach Class Action Lawsuit

A new putative class action lawsuit has been filed against the hotel chain owned by Donald Trump in the United States District Court for the Southern District of Illinois, after the hotel chain revealed that it had been the subject of a data breach. The suit asserts claims under “state consumer...