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Why it matters:
A New York Appellate Court unanimously held that a group of insurers could not invoke a Dishonest Acts Exclusion in a...more
There was no shortage of stories about massive data breaches in 2014 and things likely won't slow down in 2015. As these stories continue to grow in number, corporate America has started to explore ways to insure against this...more
The Department of Justice takes the position that websites are covered by the Americans with Disabilities Act (ADA). More claims are being filed by plaintiffs targeting retailers whose websites are inaccessible to consumers...more
The insurance industry continues to respond to the growing threat of data breaches by directing businesses facing that risk towards new, risk-specific cyber insurance products, while attempting to restrict coverage for data...more
When one big industry sues another we learn a lot about how business as usual is conducted.
In this case Humana, a giant health insurer, has sued the medical device company Medtronic, maker of the Infuse bone graft. ...more
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
Yesterday, the Belgian Privacy Commission’s announced its intention to make enforcement its number one priority:
- A dedicated inspection task force will be set up pro-actively monitoring companies and organisations...more
Here a breach, there a breach, everywhere a data breach. Verizon’s most recent 2013 Data Breach Investigations Report remarks that “[p]erhaps more so than any other year, the large scale and diverse nature of data breaches...more
The HIPAA Privacy Regulations have long required covered entities to seek a patient authorization in order to use or disclose protected health information ("PHI") for marketing purposes. However, the Office for Civil Rights...more
In response to a recent lawsuit and outcry from a variety of players in the health care market, the Department of Health and Human Services (“HHS”) has committed to issuing guidance by September 23rd (the compliance date for...more
IVASS Measure no. 7 of 16 July 2012 (the “Measure”) implements article 22, paragraph 8, of Italian Legislative Decree no. 179 of 18 October 2012, converted into law no. 221 of 17 December 2012, and amends Isvap Regulation no....more
With the August 1 deadline for data collection under the Physician Payments Sunshine Act (the “Act”) looming, CMS recently released two mobile applications (“Apps”) to help physicians and industry track payments and transfers...more
The cloud is all the rage these days. Cloud computing, that is.
When a business uses a cloud computing service, its data storage and application server needs are handled by a third party provider that it can connect to via...more
With the recent issuance of the long-awaited final rule by the Department of Health and Human Services ("HHS"), the protection of patient information has been a hot topic among the health care industry the past few months....more
Pro-actively drafting cybersecurity policies and protocols is like doing a will for yourself, or an employee manual for your company. The thought process is that there is nothing imminently pressing that requires me to think...more
Insurance is one important line of defense companies can use to protect against the potentially devastating costs of responding to cyber breaches. The following list gives examples of insurance coverage to consider when...more
Many insurers are now offering “cyber liability” or “cyber risk” policies designed to protect policyholders against electronic injuries that policyholders may either suffer themselves or cause to others. Most of these...more
On February 12, 2013, President Obama issued an executive order detailing his plan to improve critical infrastructure cybersecurity. In the Executive Order, President Obama notes that it is the policy of the United States to...more
On Dec. 21, the FCC released its long-awaited Report and Order reforming its funding mechanisms for rural health care by creating a Healthcare Connect Fund (HCF) of $400 million annually....more
Originally published in Privacy & Security Law Report, 11 PVLR 1430, 09/24/2012.
Companies, organizations, and individuals throughout the world reap significant benefits of having access to the internet. Since the 1990s,...more
Given the risks and costs of intellectual property (IP) infringement claims (even when your company isn’t found liable), most companies ideally want coverage of perceived infringement of the products they sell or the services...more
Originally Given as part of a lecture to the New York State Bar Association on Friday, May 20, 2011.
This outline was provided to the at the New York State Bar Association as a primer for lawyers not familiar with...more
Originally published in Bloomberg Law Reports, July 15, 2011.
As plaintiffs’ law firms and state and federal governments continue to scrutinize “off-label marketing,” drug manufacturers may become increasingly...more
For professional "fact-gatherers" such as lawyers, insurance adjusters, claims handlers and private investigators, the vast wealth of information that people volunteer on Facebook can be a goldmine or a...more
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