According to a Law360 report, Sony Units Denied Coverage For Suits Tied To Cyber Attack (subscription required), a New York state judge ruled last Friday in the Zurich v. Sony insurance litigation that the stealing of...more
In congressional testimony, the Federal Trade Commission’s Chairwoman, Edith Ramirez, recently reiterated the FTC’s call for stronger data security laws, while federal legislation concerning data security and breach...more
A recent survey by the Ponemon Institute entitled, “Cyber Security Incident Response: Are We as Prepared as We Think?,” suggests that many companies lack the mechanisms to meaningfully address cyber risk. Among the survey’s...more
A California Court of Appeal held in Transport Ins. Co. v. Superior Ct. (R.R. Street & Co.) that a named insured’s reasonable expectations of coverage can be different from those of an additional insured’s. This ruling leaves...more
The Federal Government has not taken significant steps to regulate data security. For that reason, local and state officials have been taking a more aggressive role in responding to data breaches and in establishing best...more
We recently reported that the number of cyber events involving the healthcare industry is expected to rise in 2014.
The reliance on electronic medical records and the use of insurance exchanges increase efficiency but...more
In a 68-page opinion, Federal District Judge Richard J. Leon of the District of Columbia ruled yesterday in Klayman v. Obama that the NSA's systematic collection of telephone metadata of millions of citizens violates the...more
According to recent post from Property Casualty 360°, The Six Trends of Cyber Risk in 2014, insurers need to know:
1. Data breach costs are trending downward. The cost per record to respond to a breach dropped from...more
A recent California Court of Appeal opinion, Yanez v. Plummer, provides a cautionary tale for in-house counsel or outside attorneys who jointly represent their institutional client’s employees or agents in depositions. If...more
A recent California decision should make it easier for insurers to attack allegations at the pleading stage in state court actions. ...more
The Bratz litigation between Mattel and MGA Entertainment has provided fertile grounds for attorney fee disputes. In the latest installment, the Ninth Circuit upheld a $137 million attorney fee award in favor of MGA as a...more
The California Supreme Court has removed a legal barrier for litigants seeking to invalidate contracts on the basis of fraud.
Overruling a 75-year old decision, the Supreme Court ruled that the parol evidence rule does...more
It is well settled that a tripartite attorney-client relationship arises when an insurer retains counsel to defend an action against its insured. As a consequence, confidential communications between counsel and the insurer...more