A split continued to develop in the federal courts last month as the Fourth Circuit denied Article III standing to the plaintiffs in a data breach case whose alleged injuries were limited to the increased risk of future identity theft…
Blog Archives
Fourth Circuit To Plaintiffs: “Could” Isn’t Enough For Standing
Tagged with: breach, class action, cybersecurity, data breach, litigation, standing
Posted in Data Breach, Litigation
Posted in Data Breach, Litigation
Plaintiffs in Horizon Breach Win Key Article III Ruling at 3rd Circuit
Recently, the Third Circuit Court of Appeals overturned a United States District Court for the District of New Jersey dismissal of a class action filed in the aftermath of a data breach at Horizon Healthcare Services Inc., (“Horizon”). The appellate…
Protect Against Cyber Attacks: A New Guide to Help Small Businesses
No business is too small to be the victim of a cyberattack. In fact, as larger companies invest more resources in cybersecurity, attackers are beginning to target smaller, less secure businesses. It is important for every small business to understand…
Tagged with: breach, cyber security, cybersecurity, data breach, data security, hacking, policies and procedures, privacy, risk management, safeguards, security practices
Posted in Cyberattack, Data Breach, Data Security, Privacy, Standards
Posted in Cyberattack, Data Breach, Data Security, Privacy, Standards
Sixth Circuit Eases Plaintiffs’ Burden for Standing in Data Breach Claims
Insurance companies are susceptible to the same sort of data breaches as suffered by many other businesses, such as the recently reported theft from Yahoo of the personal data in half a billion accounts. In a major decision that may…
Tagged with: breach, data breach, insurance, litigation, standing
Posted in Cyberattack, Data Breach, Insurance, Litigation
Posted in Cyberattack, Data Breach, Insurance, Litigation
“Full Employment for CISOs in New York”: New York Proposes the Nation’s First Cybersecurity Regulation
If you’re a CISO living in New York get ready for the phone calls!!! On September 13, 2016, Governor Andrew M. Cuomo proposed the nation’s first cybersecurity regulation. Starting on September 28, 2016 there is a limited 45 day window…
Tagged with: breach, cyber security, cybersecurity, data security, encryption, privacy, regulations, risk assessment, risk management, security practices
Posted in Data Security, Legislation, Regulations
Posted in Data Security, Legislation, Regulations
Data Breach Plaintiffs Continue to Face Article III Standing Challenges
Standing remains a high hurdle for individuals whose personal information is compromised as a result of a data breach but who cannot establish that the stolen information was actually used improperly. Class action claims against CareFirst Blue Cross Blue Shield…
Tagged with: breach, class action, cyber security, data breach, litigation, standing
Posted in Data Breach, Litigation
Posted in Data Breach, Litigation
Cyber Attacks Reach Subrogation
It was just a matter of time. As cyber-attacks rose and the data security breaches became increasingly devastating to businesses and individuals, cyber breach insurance became more prevalent. And where insurance appears, subrogation recovery follows. We have not seen an overwhelming number…
Tagged with: breach, coverage, cyber security, data breach, data security, litigation, subrogation
Posted in Cyberattack, Data Breach, Legislation, Litigation
Posted in Cyberattack, Data Breach, Legislation, Litigation
Courts: We Hear No Suit Based on Cyber Crime Before its Time
Two recent decisions out of the U.S. District Court for the District of Maryland illustrate the difficulty that cyber breach victims can have in establishing standing to sue. In both cases, the court dismissed the cyber breach suits for lack…
Tagged with: breach, class action, cyber crime, cybersecurity, data breach, hacking, litigation, standing
Posted in Cyber crimes, Cyberattack, Data Breach, Litigation, Privacy
Posted in Cyber crimes, Cyberattack, Data Breach, Litigation, Privacy
Chinese Leftovers: P.F. Chang’s Not Entitled to $2 Million in Breach Costs
In what is thought to be the first published decision in a cyber insurance coverage case, popular Chinese restaurant chain, P.F. Chang’s, was denied coverage for certain costs incurred as a result of a 2014 data breach. Unfortunate as it…
Tagged with: breach, coverage, data breach, insurance, risk assessment, risk management
Posted in Data Breach, Insurance, Litigation
Posted in Data Breach, Insurance, Litigation
Delaware Court Allows Some Claims To Proceed In Data Breach Subrogation Action
Earlier this month, a Delaware state court dismissed multiple implied-warranty claims in a subrogation lawsuit against cybersecurity company Trustwave Corp., but allowed discovery to proceed on certain claims. The suit involved a data breach at Euronet Worldwide Inc., a credit…
Tagged with: breach, data breach, insurance, litigation, subrogation
Posted in Data Breach, Litigation
Posted in Data Breach, Litigation
