News & Analysis as of

Liability Cybersecurity

Warner Norcross + Judd

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

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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

Littler

Considerations for Artificial Intelligence Policies in the Workplace

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In recent years, many organizations have implemented new policies on artificial intelligence (AI) use to help prevent bias, plagiarism, or use of AI tools that produce inaccurate or misleading information. Meanwhile, many...more

Wiley Rein LLP

CISA 2015 Reauthorization – Are Changes on the Horizon?

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As we noted in Federal Cybersecurity Policy in 2025: What to Watch in Changing Times, key parts of the Cybersecurity Information Sharing Act of 2015 (CISA 2015), the United States’ foundational cybersecurity information...more

Carlton Fields

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

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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

Rivkin Radler LLP

February 2025 Insurance Update

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The 2014 Home Depot data breach was one of the more notorious cyberattacks. A decade later, litigation over that incident continues. The Sixth Circuit recently decided whether an electronic data exclusion cleared insurers...more

Goodwin

EU Updates its Product Liability Regime: Important Considerations for Providers of AI Systems and Software

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The European Union has significantly overhauled its product liability regime with a new directive concerning liability for defective products (Product Liability Directive). EU member states have until December 9, 2026, to...more

Warner Norcross + Judd

Lessons from CES 2025: The Legal Side of Product Innovation — What Every Manufacturer and Supplier Needs to Know

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The 2025 Consumer Electronics Show (CES) — one of the world’s most influential tech events — once again showcased groundbreaking innovations that are shaping the future of technology. I was among the over 141,000 attendees of...more

Womble Bond Dickinson

New Cyber Security Rules for US Technology Companies Operating in the EU

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The EU is in the course of passing a range of new cyber security legislation which will apply to US businesses who provide services in the EU. One part of that legislative programme is the new Network and Information Security...more

IR Global

The human touch - AI’s role in commerce - The Visionaries

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The Productivity Paradox: Does more technology mean less growth? Is there scope to use AI in commercial contracts? Will it save time, or ultimately cost more time in review and pose greater risk?...more

Alston & Bird

FTC and State AGs Settle with Marriott over Starwood Data Breaches

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Our Consumer Protection/FTC and Privacy, Cyber & Data Strategy teams unpack Starwood Hotels’ and Marriott International’s settlements with the Federal Trade Commission and Marriott’s settlement with state attorneys general...more

NAVEX

Understanding the NIS2 Directive: What it Means for Cybersecurity in the EU

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You might have yet to hear of the NIS2 Directive, but you should be aware of it if you’re in any sector that relies on digital infrastructure. Whether you’re a business owner, IT professional, or curious about how the EU...more

Dechert LLP

Dechert Cyber Bits - Issue 61

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X Agrees to Stop Processing EU Data to Train its Grok AI - Ireland’s Data Protection Commission (“DPC”) recently filed an urgent High Court application against X (formerly Twitter) for using the personal data of European...more

K&L Gates LLP

CrowdStrike IT Outage: Wave of Business Interruption Claims Expected

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Businesses, public services, and computer users across the world faced disruption as a result of the major CrowdStrike information technology (IT) outage, which is being coined by many as one of the largest and worst cyber...more

A&O Shearman

Chief Information Security Officers and cyber whistleblowing: considerations for PE firms

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Managing these risks at a single company should be straightforward.  Executives and CISOs may be personally held accountable for cyber failings, negligence, breaches, and inadequate disclosure around cyber vulnerabilities and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Fighting Early Obsolescence: New EU Directive Extends Liability Risks

On 6 March 2024, the EU published directive 2024/825/EU, intended to bolster consumer rights in the face of environmental challenges. The directive seeks to clarify companies’ liability concerning information obligations...more

Mayer Brown

EU Cyber Legislation Puts Emphasis on Board Responsibility

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What is a Management Body? Under both DORA and NIS2, a management body can be a body with managerial and/or supervisory functions. The powers and structure of management bodies vary within the EU Member State, and managerial...more

Snell & Wilmer

Scope of FCA Liability Illustrated In Recent Actions Against Higher Education Institutions

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In the past five years, the Federal Government and “Qui Tam” Realtors have ramped up False Claims Act (“FCA”) actions against higher education institutions. These actions highlight the scope and breadth of potential FCA...more

Bradley Arant Boult Cummings LLP

Cybersecurity Risks to AI Adoption in Construction

The adoption of predictive maintenance (PM), an artificial intelligence (AI) driven strategy that anticipates potential equipment failures using Internet of Things (IoT) sensors, holds immense promise for the construction...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity - June 2023

In our June Privacy & Cybersecurity Update, we review new data privacy laws in Colorado, Connecticut, Florida and Montana; Verizon’s annual Data Breach Investigations Report; AM Best’s report on cyber insurance trends; and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - May 2023

In this month’s Privacy & Cybersecurity Update, we review new consumer privacy laws in Tennessee and Indiana, three GDPR rulings by the Court of Justice of the European Union, updates regarding future California Privacy...more

Neal, Gerber & Eisenberg LLP

Client Alert: Illinois Appellate Court Opinion Allows for BIPA Cyber Insurance Policy Claims

The Illinois Appellate Court recently issued the first-ever opinion regarding insurance coverage for claims under the Illinois Biometric Information Privacy Act (BIPA) involving a cyber insurance policy. The Court’s finding...more

Lowenstein Sandler LLP

Biden Administration Aims to Shift Liability for Cyberattacks to Software Developers

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In response to major cyber-related attacks caused by software security flaws, such as the SolarWinds breach, the Biden administration is gearing up to crack down on software providers that distribute products with security...more

Pillsbury Winthrop Shaw Pittman LLP

New Biden Administration Cyber Strategy Proposes Dramatic Shift in Order to Hold Software Developers Liable for “Insecure”...

The Strategy’s liability proposal represents a fundamental change in the cybersecurity market for software markers. Proposed legislation would seek to restrict software providers’ ability to limit liability while also...more

Snell & Wilmer

Federal Trade Commission Finalizes Order Holding Drizly, LLC and Its CEO Accountable for Data Security Failures

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On January 9, 2023, the Federal Trade Commission (“FTC”) finalized an order with Drizly, LLC, an online marketplace for alcohol delivery services, and its Chief Executive Officer (“CEO”), James Cory Rellas over alleged...more

Baker Donelson

Privacy in 2023: Management and Officer Liability for Privacy and Data Security Programs

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If your management team and board of directors are not talking often about cyber liability and risk management, they will be soon. As a matter of both corporate and individual liability, recent enforcement makes it clear...more

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