Yearly Archives: 2014

Court Holds that Privacy Violations Allegations Are Not Covered

A federal court in Washington recently issued an unpublished decision affirming that a common policy exclusion protects insurers from having to provide coverage in certain cases of alleged privacy violations. The same court issued a similar order earlier this year.

Posted in Insurance, Privacy, Video Privacy Protection Act

What is the Scope of the FTC’s Authority When it Comes to Data Security? Wyndham Asks Third Circuit to Consider

In early July, Wyndham Hotels asked the Third Circuit Court of Appeals to decide whether the Federal Trade Commission (FTC) has the authority to oversee corporate data security. Although the FTC has brought dozens of actions against businesses for insufficient

Posted in Data Security, Regulations

Data Breach Liability Exclusion – It’s Not Your Father’s CGL

No business is immune to data breach. Digital data in particular can be lost in innumerable ways, causing serious business interruptions and consumer injuries. After falling victim to a hack, virus, or cyber theft, companies often search for coverage under

Posted in Data Breach, Insurance

And You Thought Your Teenager’s Cell Phone Bill Was High…NFL Team’s Texts Cost $3 Million

Fans everywhere like to complain about their team’s picks in the NFL draft. Maybe their team drafted a quarterback instead of a cornerback, or maybe it fell for that highly overrated prospect. Most such complaints stay safely in the realm

Posted in Privacy

The Next Generation of Data Breach Notice Law — Florida’s Information Protection Act of 2014

In a harbinger of data-breach-laws to come, the Florida State Legislature just passed a new Florida Information Protection Act, which establishes tough new notification requirements for businesses and governmental entities. With the rapid increase in data breaches and growing awareness

Posted in Data Breach

No Coverage for Alleged Violation of the Video Privacy Protection Act

A recent unpublished decision from the Western District of Washington provides yet another example of a court endorsing limits on general commercial insurer responsibility in the area of consumer privacy violations. In Nat’l Union Fire Ins. Co. of Pittsburgh, PA

Posted in Video Privacy Protection Act

No Duty to Defend in Sony’s Cyberattack Suits

A recent decision by a New York state trial court judge has the potential to spark an enormous expansion of the data breach coverage marketplace. Until now, many policyholders have been reluctant to buy additional insurance under the assumption that

Posted in Cyberattack

Something for (Almost) Nothing

A federal judge in Florida granted final approval of a $3 million settlement in a data breach class action with AvMed, Inc., an integrated managed care organization.  The settlement agreement is unique in that it allows affected plaintiffs to recover

Posted in Data Breach

Voluntary But Valuable: Using NIST’s New Cybersecurity Framework

On February 12, 2014, the National Institute of Standards and Technology (NIST) released the Framework for Improving Critical Infrastructure Cybersecurity Version 1.0, or more simply, the Cybersecurity Framework. The Framework is the culmination of a year-long process set in motion

Posted in Standards

Decision in Nationwide Case – What Constitutes “Injury” from a Data Breach?

In Galaria v. Nationwide Mutual Insurance Company, an Ohio federal judge dismissed claims stemming from a large scale data breach because plaintiffs failed to demonstrate an injury sufficient to confer legal standing. The judge found their data was not misused

Posted in Data Breach
About Cyber Law Monitor
In the new digital world, individuals and businesses are almost entirely dependent on computer technology and electronic communications to function on a daily basis. Although the power of modern technology is a source of opportunity and inspiration—it also poses huge challenges, from protecting privacy and securing proprietary data to adhering to fast-changing statutory and regulatory requirements. The Cyber Law Monitor blog covers privacy, data security, technology, and cyber space. It tracks major legal and policy developments and provides analysis of current events.
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