There is no question that data breaches are among the most common and costly threats to consumers and companies alike. What remains the subject of vehement debate is whether plaintiffs in cyber-attack cases must allege stolen data was misused in…
Blog Archives
EU Set to Strengthen Data Protection Laws
Businesses that operate in the European Union (EU) may soon face a new set of data protection regulations. High-level discussions about a proposal to consolidate all individual EU-member nations’ data protection regulations into a single EU law are set to…
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
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
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
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
