News & Analysis as of

Breach of Contract Cybersecurity

Wiley Rein LLP

Delaware Court Dismisses Insurers’ Subrogation Action Against Software Provider Over Ransomware Payouts

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The Superior Court of Delaware, applying Delaware law, has dismissed two lawsuits filed by nine insurance companies seeking to recover amounts they paid under cyber liability policies from a software company whose customers...more

Venable LLP

The Subcontractor Performed. The Prime Contractor Paid. But a Hacker Ended Up with the Money. Who Is Responsible?

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When hackers gain access to a subcontractor’s information systems and divert the prime contractor’s payment to themselves instead of to the subcontractor, does the prime contractor still have to pay the subcontractor?...more

Reveal

Legal Risk Management: 5 Ways to Proactively Mitigate Risk

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Corporations must innovate and set themselves apart from their competition to achieve long-term success, but they cannot act with reckless abandon in doing so. Rather, they must strategically plan their moves to proactively...more

Kohrman Jackson & Krantz LLP

Cyberattacks as Acts of War: Insurance Companies Forced to Rethink Their Policies

The rise of cyberattacks has led to a significant increase in the demand for cyber insurance policies. However, the insurance industry is struggling to keep pace with the ever-evolving threat landscape, which has resulted in...more

Spilman Thomas & Battle, PLLC

Promissory Notes - Banking & Finance Insights: V 3, Issue 1, January 2023

Plaintiffs Pursuing Increased Class Action Breach of Contract Claims for Overdraft Fees and Charges Against Customers - “With plaintiff attorneys seeing potential large dollar settlements and verdicts, along with increased...more

Dechert LLP

Dechert Cyber Bits - Issue 21

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US Federal Appellate Court Issues Opinion on Proof of Injury in Data Breach Cases - On September 2, 2022, the U.S. Court of Appeals for the Third Circuit reinstated a class action lawsuit that had previously been dismissed...more

Farrell Fritz, P.C.

“So What?”: Twitter Resists Merger Agreement Termination by Invoking Musk’s Unclean Hands

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Elon Musk has lobbed in two additional termination letters since his original July 8 letter seeking to terminate his agreement to acquire Twitter for $44 billion.  Each termination letter cites alleged false representations...more

Genova Burns LLC

Potential Harm Enough For Class Action to Proceed in Data Breach Litigation

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The Third Circuit Court of Appeals has given new life to a putative class action suit led by a former employee of a company that suffered a ransomware attack, leading to her sensitive information being released onto the Dark...more

Pillsbury Winthrop Shaw Pittman LLP

DoD Increases Focus on Cybersecurity Compliance

A recent DoD memorandum should serve as a warning to contractors that they need to focus on cybersecurity compliance now or risk serious consequences. A recent DoD memorandum should serve as a warning to contractors that...more

Wilson Sonsini Goodrich & Rosati

Twitch Files a Lawsuit to Enforce Account Termination

Content moderation is one of the biggest challenges for any interactive computer service provider that publishes information created by others. It is difficult to balance users' desires to express themselves and their desires...more

Harris Beach PLLC

New York’s Department of Financial Services Urges Cyber Insurance Companies to Require Insureds to Implement Robust Cybersecurity...

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The New York State Department of Financial Services (DFS) issued a letter to the cyber insurance community on February 4, 2021 that should signal a warning to many other businesses seeking to obtain or keep their...more

Knobbe Martens

Data Breach: No Injury-in-Fact, Case Dismissed

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It well known that there are, unfortunately, many data breaches that frequently put private citizens’ data privacy in jeopardy. States have passed a variety of statutes aimed at addressing this problem in an attempt to...more

Kramer Levin Naftalis & Frankel LLP

European Court of Justice Invalidates EU-US Privacy Shield Framework

This past July, a decision by the European Court of Justice (ECJ) struck down the European Union-United States Privacy Shield framework (EU-U.S. Privacy Shield), one mechanism through which companies could transfer personal...more

Blake, Cassels & Graydon LLP

Proposed Privacy Class Action “Collapses in its Entirety” on Commonality

On May 7, 2019, in Kaplan v. Casino Rama Services Inc. (Kaplan), the Ontario Superior Court of Justice refused to certify a privacy class action arising out of a criminal cyberattack that included allegations of breach of...more

Proskauer - The Capital Commitment

WSJ Article on Geolocation Data Highlights Risks for Fund Managers

On Friday, the WSJ published an article detailing how companies are monetizing smartphone location data by selling it to hedge fund clients. The data vendor featured in the WSJ article obtains geolocation data from about...more

Robinson+Cole Data Privacy + Security Insider

Plaintiffs Seek Class Certification in Yahoo Data Breach Class Actions

We previously noted that in late 2016, Yahoo disclosed that it had experienced multiple data breaches relating to what turned out to be roughly three billion of its accounts. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Involving the US and Latin America

US Courts Will Decide Whether to Enforce US$2 Billion Award Against Petróleos de Venezuela - In April 2018, an International Chamber of Commerce (ICC) tribunal awarded US$2.04 billion in damages to two subsidiaries of U.S....more

Holland & Hart LLP

Minimizing Liability For Business Associate Misconduct

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Healthcare providers, health plans and healthcare clearinghouses (“covered entities”) and business associates are subject to significant penalties for violations of the HIPAA Privacy, Security and Breach Notification Rules....more

Latham & Watkins LLP

US Government Contractors Face New Cybersecurity Requirements

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As of December 31, 2017, many United States government contractors face a new compliance requirement involving cybersecurity. This requirement will govern most new Department of Defense (DoD) contracts and, significantly,...more

Burr & Forman

Two End-of-Year Federal Government Deadlines Approaching

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Significant Changes to Online Copyright (DMCA) Safe Harbor and DoD Contractor Cybersecurity (NIST 800-171) Requirements Take Effect at the End of This Year. Important Change Affecting Digital Millennium Copyright Act...more

Cozen O'Connor

Win for Insurance Industry in Computer Fraud Coverage Ruling

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Computers are involved at some point in almost every business transaction—that is the reality of life in the digital age. The implications of that fact are still being worked out with respect to the interpretation of...more

Troutman Pepper

The Risks and Implications of Failing to Comply with U.S. Government Cyber and IT Requirements

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This article summarizes some of the many risks and implications that are associated with failing to comply with U.S. government-unique cyber and information technology requirements. We are often asked by small and...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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And we thought Brexit was something. Buckle up. It’s going to be a wild market ride... Whoa....more

Robins Kaplan LLP

Your daily dose of financial news - The Brief – 7.7.16

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Disgraced Wall Street scion Andrew Casperson has pleaded guilty to federal wire and security fraud charges related to his Ponzi-like scheme in which he bilked nearly $40 million from friends and a private foundation....more

Bryan Cave Leighton Paisner

2016 Data Breach Litigation Report

Data security breaches – and data security breach litigation – dominated the headlines in 2015 and continue to do so in 2016. Continuous widely publicized breaches have led to 30,000 articles a month being published that...more

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