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Massachusetts’s Highest Court Delivers BJ Wholesalers (and other Retailers) a Data Breach Liability Gift

Posted on December 23, 2009 by Dissent

David Navetta of InformationLawGroup has an analysis of the recent court decision in Cumis Insurance Society, Inc. v. B.J. Wholesale Club decision, reported here earlier this month.

This blog post dives into and analyzes the Supreme Court Decision, and looks at it in context against similar decisions. Overall, in terms of issuing banks recovering for payment card breaches, the game does not appear to be litigation in the courts, but rather in the backroom contracts and recovery processes contained in the card brand operating regulations that most retailers agree to comply with.

Read more on InformationLawGroup.


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