News & Analysis as of

Data Breach Contract Terms

DLA Piper

Germany: Monitoring and Auditing Obligations of Controllers with Respect to Their Processors

DLA Piper on

In a decision on immaterial damages under Article 82 of the EU General Data Protection Regulation (GDPR), the Higher Regional Court of Dresden, Germany (case number 4 U 940/24), set out important monitoring and auditing...more

Zelle  LLP

Home Depot Ruling Tolls Death Knell For 'Silent Cyber'

Zelle LLP on

A Jan. 13 decision out of the U.S. Court of Appeals for the Sixth Circuit is one more nail in the coffin of "silent cyber." In Home Depot Inc. v. Steadfast Insurance Co., the federal appellate court agreed with the lower...more

Warner Norcross + Judd

Emphasizing Robust Contracts with Cloud Providers Amid Recent Alleged Breach at Oracle

Warner Norcross + Judd on

Recent reports concerning a potential security incident involving Oracle Cloud services provide a warning for many companies who allow third parties to access or store sensitive company data. A threat actor claims to have...more

Sands Anderson PC

Who’s Responsible When a Third-Party Vendor Is Compromised?

Sands Anderson PC on

Recently, we had the opportunity to advise some clients who worked with a third-party vendor that maintained custody of personal information pertaining to our clients’ respective end users.  The vendor suffered a data breach...more

Carlton Fields

Square Peg, Round Hole: 6th Circuit Affirms Finding That Cyber Claims Are Not Covered by CGL Policies

Carlton Fields on

In Home Depot Inc. v. Steadfast Insurance Co., Home Depot learned the hard way a rule every DIY enthusiast knows: measure twice, cut once. It appears Home Depot’s measurements were off when it sized up its insurance needs,...more

DLA Piper

Navigating the Legal Intricacies of Scraping Personal Data for AI Development

DLA Piper on

Part 1: 5 Essential safeguards for website operators - In the rapidly evolving world of artificial intelligence, data scraping is a hot topic. The copying of online text, images and videos has beneficial use cases (e.g....more

Epiq

Cyber Incidents on the Rise: Tips for Effective Data Breach Notification

Epiq on

Cyber incidents have been growing at an exponential rate in recent years. A recent report from the Identity Theft Resource Center found that there were over one billion data breach victims in Q2 of 2024, which is around five...more

Mintz - Bankruptcy & Restructuring Viewpoints

In re Weinstein and Mallinckrodt: Implications for Royalty Financings, M&A Earn-Outs, and Other Transactions Involving Future...

Deal structure matters, particularly in bankruptcy. The Third Circuit recently ruled that a creditor’s right to future royalty payments in a non-executory contract could be discharged in the counterparty-debtor’s bankruptcy....more

BCLP

Conditions Precedent and Time Bars, Getting Around Them

BCLP on

When a party fails to comply with a condition precedent, especially if such a provision includes a time limit for the fulfilment of the obligation, it will often advance various arguments to avoid the consequences of...more

BakerHostetler

DSIR Deeper Dive: Data Processing Addendums: Indemnities, Limitations of Liability and the Cost of a Data Breach

BakerHostetler on

When negotiating technology or data services contracts, businesses of all sizes and industries are now spending more time and attention on privacy controls. The increasing prevalence of comprehensive U.S. state privacy laws...more

Ervin Cohen & Jessup LLP

Insure Against Data Breaches Suffered By Vendors and Service Providers

Over the last several years several companies, including Marriott, Yahoo and Volkswagen, have been victimized by hackers breaking into a company’s computer network. In some cases, they have put confidential information on the...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - V 4, Issue 4, April 2023

Tech Vendors and Cybersecurity – Are They Responsible? It has long been recommended that when you contract with a technology vendor that you include an indemnity clause in the contract wherein the vendor will indemnify you...more

Genova Burns LLC

DoorDash Hacker Incident Illustrates Third-Party Vendor Risks and Potential Vulnerabilities

Genova Burns LLC on

​​​​​​​Hackers have increasingly focused on third-party vendors as avenues to data held by associated businesses. On August 25, 2022, DoorDash announced that it had experienced a data breach which impacted the personal...more

McDermott Will & Emery

[Webinar] Privacy and Cybersecurity Contracting: What’s the “Deal”? - June 29th, 12:00 pm - 1:00 pm EDT

McDermott Will & Emery on

Security Schedules, Privacy Addenda, TOMs, DPAs—whatever you call them, privacy and cybersecurity contract terms have exploded in prevalence in recent years, bringing with them new importance that can lead to difficult and...more

Bodman

What do M&M’s Candy and Complex Contract Reviews Have in Common?

Bodman on

If you know music, you know Van Halen. The Hall of Fame rock band turned out several hit singles and was known for their virtuoso guitar riffs, great hair, lavish lifestyles, and a penchant for M&M candies. That’s right,...more

BCLP

Recovery and Transformation - a checklist for business

BCLP on

Business as (un)-usual after Covid? As we emerge from the pandemic, it is becoming increasingly clear that planning and working for a return to business as usual will not be enough. To survive in the marketplace, careful...more

K&L Gates LLP

COVID-19: What Does Singapore's Response to the Global Pandemic Mean for Businesses in Singapore?

K&L Gates LLP on

The Impact of COVID-19 on Businesses - The impact of COVID-19 has been sharp and swift — the effect has been felt in most industries around the world. Singapore, while leading the pack in its response to COVID-19, has not...more

BCLP

What are the Obligations to Business Partners in the Event of a Data Breach?

BCLP on

As of January 1, 2020, California became the first state to permit residents whose personal information is exposed in a data breach to seek statutory damages between $100-$750 per incident, even in the absence of any actual...more

Robinson+Cole Data Privacy + Security Insider

Limitation of Liability

I continuously confront vendors who say I am “the only” lawyer who objects to limitation of liability provisions that attempt to limit the liability of a security incident to the amount of the contract....more

Pillsbury Winthrop Shaw Pittman LLP

Managing Risk in Light of the Wipro Data Breach

In light of a recent Wipro data breach, Wipro’s customers should move quickly to take operational and contractual precautions to help minimize the breach’s potential effects on their organizations. Wipro, the India-based...more

Foley & Lardner LLP

A Hacker or Your Cloud Provider. Who Presents the Greatest Risk to Your Data?

Foley & Lardner LLP on

It’s your worst nightmare. All of your most important and sensitive data, the thing your business values most, the thing your company cannot operate without, the thing your regulators require you to protect, has been taken...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - March 2019

Robinson & Cole LLP on

Cybersecurity company Carbon Black recently issued are port of the results of a survey of chief information security officers (CISOs) of financial organizations, which showed that the financial industry is getting hammered by...more

Troutman Pepper Locke

Depository Financial Institution Liability: Tough Lessons Learned About Fraudulent Electronic Funds Transfers

Troutman Pepper Locke on

A federal district court in the Eastern District of Pennsylvania recently issued a prescient opinion upholding traditional contract principles in this fast-moving technological age of electronic financial transmissions. ...more

Bennett Jones LLP

Cyber Breach at the Ontario Cannabis Store Impacts 4,500 Consumers

Bennett Jones LLP on

The Toronto Sun reported this morning that the privacy of 4,500 consumers of recreational cannabis in Ontario has been compromised. The names and addresses of individuals purchasing cannabis through the Ontario Cannabis Store...more

McAfee & Taft

Selecting EHR Vendors: An ounce of prevention is worth a pound of cure

McAfee & Taft on

Management of electronic health records (EHR) is a complicated yet necessary task in the modern practice of medicine. To reduce the administrative burden of managing EHR records, many physicians and other healthcare...more

35 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide