Avery Dial

Avery Dial

Fowler White Burnett, P.A.

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Latest Publications


Burning Down The House – The Wyndham Decision Allows The FTC To Sue Businesses For Getting Hacked

As it is commonly understood, the Great Fire of London spawned two fixtures of the modern world: advancements in firefighting and property insurance. The risk of fire was seen as a threat to society as a whole and mechanisms...more

9/18/2015 - Cybersecurity Data Breach Enforcement Authority Fair Notice FTC FTC v Wyndham Hotels Motion to Dismiss Resorts & Restaurants Security and Privacy Controls Unfair or Deceptive Trade Practices Wyndham

The Basics of Net Neutrality – What 'You Oughta Know'

A brief background of Net Neutrality and, in the words of Alanis Morisette, what “You Oughta Know.” ...more

3/23/2015 - Comcast Communications Act of 1934 FCC Internet Service Providers (ISPs) Legal Perspectives Net Neutrality Verizon

Undercover of the Night – Hacking, Data Breaches And The Terrorism Exclusion

In recent years, there have been several notable large data breaches that have caught the attention of the media. Home Depot and Target are examples of major corporations that have been hacked. ...more

2/12/2015 - Commercial General Liability Policies Commercial Insurance Policies Corporate Counsel Cyber Insurance Cybersecurity Data Breach Home Depot Insurance Industry Liability Insurance Policy Exclusions Popular Sony Target

Land of Confusion: Insurance Coverage for Pre-Suit FCPA Investigation Costs under D&O liability Policies

Bloomberg recently reported that Walmart spent $439 Million in the past two years related to a Foreign Corrupt Practices Act (“FCPA”) investigation . Moreover, Walmart predicts that it will spend an additional $200 Million to...more

8/14/2014 - Board of Directors Compliance Corporate Counsel D&O Insurance DOJ Enforcement Enforcement Actions FCPA Investigations Popular Professional Liability Wal-Mart

Will Heartbleed Affect Data Breach Insurance Coverage?

Although it is a widespread exploit that has been undetected for two years, whether or not a CGL policy covers data breaches allowed by Heartbleed should turn, simply, on whether the policy covers data breach at all...more

4/15/2014 - Commercial General Liability Policies Data Breach Data Protection First Glance Heartbleed Legal Perspectives Sony Zurich America Insurance Co.

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