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Data Valuation – Worth Zero or Trillions?

Almost every entity is, or is becoming, a digital enterprise. Today’s information economy mandates nothing less. Entities are making tremendous investments in order to exploit the vast amounts of data – Big Data – that are...more

The FTC Weighs In on Big Data

The United States Federal Trade Commission (FTC) has issued a new Report on Big Data, entitled “Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues,” to provide guidance to companies about their Big Data...more

Do Cyber Insurers Care about Information Governance?

As we welcome in 2016, awareness of the variety of information-related risks confronting today’s enterprises, and the availability of insurance covering those risks, is at an all-time high. High-profile data breaches caused...more

Legal Issues to Consider Before Starting Big Data Projects

We read every day about the myriad of purposes for which enterprises are embarking on Big Data projects. Securing C-suite buy in and funding may be a significant endeavor, as is implementing an analytic approach to yield...more

Time for an Updated Cyber Risk Approach; BPI Data Breach

Our traditional approach to cyber risk and security has been focused on privacy and financial data. The data breach or loss concerns that typically rank high on our risk ratings are private and confidential data like names...more

2014 Information Governance Year in Review

2014 has been perhaps the biggest year Information Governance (“IG”) has seen. A relatively small and, if not unknown, at least undefined field only a few years ago has grown into an area of interest—and concern—to many...more

Are you—or someone you love—a content hoarder?

Hoarding is defined clinically as embodying “a persistent difficulty discarding or parting with possessions because of a perceived need to save them.” That accumulation occurs regardless of the actual value associated with...more

Sixth Circuit Affirms Certification and Summary Judgment for TCPA Class, Despite State Law Class Action Prohibition

On July 9, 2014, the Sixth Circuit affirmed a district court ruling that a consumer TCPA class action could proceed against Lake City Industrial Products, rejecting Lake City’s argument that Michigan law prohibited TCPA class...more

Rising up from the Trenches: Ninth Circuit Broadly Interprets Breach of Contract Exclusion in Trademark Infringement Case

On May 23, 2014, the Ninth Circuit upheld a California district court decision that broadly interpreted the breach of contract exclusion in a commercial general liability policy to preclude coverage for all personal and...more

Clapper Again Stymies Data Breach Class Action

The U.S. Supreme Court’s decision in Clapper v. Amnesty International USA again has been relied on by a federal district court to hold that the “mere loss of data” in a data breach case does not constitute an injury...more

Governing Big Data

Sources and volumes of data are growing exponentially. Website clicks, social media, sensors, and card swipers are generating massive amounts of data every second. More and more enterprises are beginning to collect and...more

The Sedona Conference Hails the Advent of Value-Based Information Governance

Information Governance (IG) is emerging as one of the most important issues confronting organizations today, particularly in this age of Big Data and data breaches. The influential Sedona Conference (Sedona) recently weighed...more

Once Again, Clapper Defeats Data Breach Class Action

Article III standing has once again proved to be an insurmountable hurdle for data breach class action plaintiffs whose personal information hasn’t been misused. In Galaria v. Nationwide Mutual Insurance Co., an Ohio federal...more

Information Governance – The importance of putting your data house in order

Information is the lifeblood of businesses today. As the volume of data continues to grow exponentially, intelligent governance of information is essential for enterprises to survive and thrive. Data security concerns,...more

Redial; Third Circuit Again Rules that TCPA Claims Are Not Covered Under a CGL Policy

On January 9, 2014, the Third Circuit Court of Appeals again held that an insurance policy issued to class action defendants did not provide coverage for a claim brought under the Telephone Consumer Protection Act (TCPA)....more

New Jersey Federal Court Applies Supreme Court’s Clapper Decision and Dismisses Data Breach Class Action

Relying in part on the recent United States Supreme Court’s ruling in Clapper v. Amnesty International, a federal judge in New Jersey dismissed a putative data breach class action against three healthcare entities and a...more

Information Governance - 2013 in Review

2013 was the year that the term "Information Governance" or "IG" began to be widely used outside of technical circles. Despite that fact, the concept of IG is not well understood. Gartner, a premier information advisory...more

Class Action Settlement Based on Voucher Payout Wins Preliminary Approval by California District Court

On November 5, 2013, a California federal district court preliminarily approved a revised coupon-based class action settlement agreement between plaintiffs and OfficeMax (see Order Granting Preliminary Approval of Revised...more

11/18/2013  /  CAFA , Class Action , Settlement

Call Me, Maybe? A Nationwide Survey of Insurance Coverage for TCPA Class Actions

The Telephone Consumer Protection Act (TCPA) restricts telephone solicitations and limits the use of automatic dialing systems, prerecorded voice messages, SMS text messages, and faxes. TCPA plaintiffs typically claim that...more

Insuring Your Company Against Cyber-Attacks

Earlier this month, the Department of Justice announced the indictment of 13 individuals associated with the hacker organization Anonymous for a widespread scheme to disrupt and shut down commercial and government websites....more

Google is No Cookie Monster, says Delaware Federal Court

In a decisive victory for Google and several co-defendants, a Delaware federal court dismissed the claims of a putative class of individuals who alleged that they were injured by Google’s practice of circumventing certain...more

California Court Finds Advertising Injury Coverage is Triggered by Medical Information Data Breach

On October 7, 2013, a federal district court in California held that the Advertising Injury coverage in a comprehensive general liability policy issued by Hartford Casualty Insurance Company (Hartford) covered two class...more

Not Just Yet, Again…Class Action Plaintiff Fails in Second Bid to Access a TCPA Defendant’s Insurance Coverage

On October 7, 2013, a Missouri federal court judge held that a class action plaintiff that alleged violations of the Telephone Consumer Protection Act (TCPA) lacked standing to seek coverage under the defendant’s insurance...more

The Words Matter: No Insurance Coverage for Wage and Hour Class Action

Despite finding that the syntax in its Employment Benefits Liability (EBL) endorsement was “not the best,” a California court of appeal held that Mid-Century Insurance Company did not owe a defense or indemnity to eight car...more

OfficeMax Class Action Zip Code Plaintiffs Again Seek Approval for Settlement and Attorney Fee Payment

Lawyers representing a purported class of customers who accused retailer OfficeMax North America Inc. (OfficeMax) of illegally recording their zip codes tried again this week to gain court approval of a settlement deal agreed...more

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