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CYBER INSURANCE 101: Coverage Issues Related to Cyber Attacks and Cyber Insurance

The Rise of Cyber Attacks - On October 3, 2013, Adobe Systems Inc., the computer software giant responsible for staple software products such as Adobe Acrobat and Photoshop, announced that its security team had...more

Before Becoming The Next Target: Recent Case Highlights The Need To Consider Insurance For Data Breaches

If only one of Target, Snapchat, Facebook, Twitter, Adobe, and so on and so forth, had suffered a serious data breach within the last few months that would be sufficiently troubling. Yet data breaches have become so...more

Cyber Law Tracker: Recall Total v. Federal Ins. Co. – No Coverage for Data Breach under Commercial General Liability Policy

On January 14, 2014, the Connecticut Appellate Court issued a decision in Recall Total Information Management, Inc., et al. v Federal Insurance Company, et al., __ Conn. App. ___, 2014 WL 43529 (Conn. App. Ct. Jan 14, 2014),...more

Connecticut Appellate Court Affirms Denial of Coverage Under CGL Policy for Data Breach

As more data breaches and information security events occur, the insurance industry will see more disputes over whether losses from these events are covered under commercial general liability (CGL) policies. In the latest...more

Privacy Class Action – Theories of Liability – 2013 Year in Review

One hot area of data privacy litigation over the past several years has been data breach class actions brought under the California Confidentiality of Medical Information Act (“CMIA”), which provides that a person may recover...more

Fifth Circuit Restores Negligence Claim In Data Breach Case

On September 2, the U.S. Court of Appeals for the Fifth Circuit restored a group of financial institutions’ negligence claim against a payment processor in Lone Star Nat. Bank v. Heartland Payment Systems, No. 12-20648, 2013...more

A Consumer Protection Ruling That Actually Protects Consumers: Fraud Prevention Allowed Under California’s Song-Beverly Act

A California court ruled last week that retailers could lawfully collect ZIP code information to reduce credit card fraud, efforts that result in lower prices for consumers. Following the California Supreme Court’s decision...more

Routine Recording Of Customer Service Calls – Standing Alone – Does Not Violate California’s Invasion of Privacy Act, According To...

Good news for companies that routinely record or monitor calls to or from California residents – the Ninth Circuit Court of Appeal’s January 17 decision in Faulkner v. ADT Security Services, Inc. has made it harder for class...more

Faulkner v. ADT and the Landscape for CIPA Class Actions

Last week the Ninth Circuit ruled on the issue of whether a business can be held liable under the California Invasion of Privacy Act, Cal. Penal Code § 632 (“CIPA”) for monitoring or recording its own customer service...more

Mississippi Court Holds No Coverage for Voyeurism Claim Under E&O Policy

In its recent decision in Tudor Ins. Co. v. Manchester Educ. Found., Inc., 2013 U.S. Dist. LEXIS 8458 (S.D. Miss. Jan. 22, 2013), the United States District Court for the Southern District of Mississippi had occasion to...more

Raising Expert Testimony Standards

We previously reported on Sargon Enterprises v. Univ. of Southern California (November 26, 2012) in which the California Supreme Court made clear that expert testimony regarding lost profits may not succeed if it is too...more

Data Privacy And Protection Efforts Start With A Company Policy, But Don’t End There

If your company has a data privacy policy in place, make sure you live up to its provisions. Failure to do so makes it more likely that the Federal Trade Commission (“FTC”) will pursue an enforcement action against the...more

Eleventh Circuit Holds Monetary Damages Caused by Identity Theft Present a Cognizable Injury

Recently, the U.S. Court of Appeals for the Eleventh Circuit, in a case of first impression, held that the named plaintiffs in a putative class action could pursue their claims for monetary loss from a health care company...more

June 2012: London Litigation Update

The Enforceability of “Best Endeavours” Clauses: Clauses requiring parties to use ‘best’ or ‘reasonable’ endeavours are common place in commercial contracts. They make sense to parties at the time of contracting, where...more

LinkedIn Password Theft Results in Class Action Lawsuit

Nearly as predictable as the sun coming up in the morning, the recent theft of 6.5 million LinkedIn user passwords has resulted in the filing of a class action lawsuit in a California federal court. In her complaint, a...more

Social Media as Evidence

With hundreds of millions of users worldwide, the social media revolution has arrived. Generally, social networks such as Facebook, Twitter and LinkedIn allow their members to share information to enable interpersonal...more

The BLG Monthly Update (January 2012)

An(occasionally funny)a digest of recent developments in the law which Neil Guthrie, National Director of Research at Borden Ladner Gervais LLP, thinks you will find interesting or relevant – or both....more

Anderson v. Hannaford: Plaintiff Customers May Recover Mitigation Costs Of Data Breach

Plaintiff customers in litigation stemming from Hannaford Brothers, Co.'s 2007 data breach were handed a partial victory by the First Circuit on October 20th. The Court held that plaintiffs' claims for negligence and implied...more

The New Wave of Cyber-Crime Facing Retailers

Retailers are under attack from a new wave of low-tech, hightech criminals. These second-generation cyber-criminals are not necessarily the genius-hacker-types popularized by Hollywood in tag lines such as “Log on. Hack in....more

Advertising Law Newsletter - March 04, 2011

In this issue: NARB: Staples Should Discontinue, Modify Use of “Like FREE” Claim; Privacy Legislation Hits Congress, Including Do-Not-Track Bill; Zip Code Is “Personal Information” Under California Law; Partridge Show Actress...more

Publicity Rights State of Play

Eriq Gardner has published a simply excellent article in the ABA Journal: "What's In a Name?" explores the history, caselaw and controversies surrounding US "right of publicity" law. Publicity rights battles are growing...more

Unsolicited Fax Advertising Does Not Constitute an “Advertising Injury”

Superior Court of Pennsylvania In Telecommunications Network Design and Paradise Distributing, Inc. v. Brethren Mut. Ins. Co., ___ A.2d ___, 2010 WL 3294319 (Pa. Super. Aug. 23, 2010), the Superior Court of Pennsylvania...more

Life Story Rights - Some Considerations

Diane Krausz has posted a valuable item: Whose Life is it Anyway? Clearance of Life Story Rights in Film. The article is particularly interesting for her concise provision of this heuristic, which I think nicely articulates...more

The “Fax” Don’t Add Up for Coverage

The California Court of Appeal, Second Appellate District, has held that the receipt of unsolicited faxes is not covered as “advertising injury” or “property damage” for insurance purposes. State Farm General Insurance...more

Advertising Law - January 19, 2010

IN THIS ISSUE: *Manatt To Host WOMMA Wine Wednesday at Los Angeles Office *Report Documents “Labeling Shenanigans” for FDA *Kim Kardashian Sued for Defamation Over Tweets *FTC Approves Two Reports to Congress on Use,...more

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