Kristin Bryan, Rafael Langer-Osuna, Jesse Taylor, and Katie Sharpless of Squire Patton Boggs write: 2021 was another year of high activity in the realm of data event and cybersecurity litigations with several noteworthy developments. CPW has been tracking these cases throughout the year. Read on for key trends and what to expect going into the…
Category: Commentaries and Analyses
Phishing victim can’t claim $5 million loss for money it never ‘held’
File this one under how-well-do-you-really-understand-your-cyberinsurance-policy. Barbara Grzincic reports: A commercial-crime insurance policy didn’t cover RealPage for a $5 million phishing loss because the property-management service provider never “held” any of the purloined money, a federal appeals court held. The 5th U.S. Circuit Court of Appeals affirmed a win for AIG’s National Union Fire Insurance Company…
Pain and Suffering for a Data Breach? German Court Issues First Decision of Its Kind in Europe.
Odia Kagan of Fox Rothschild writes: A German Court has ordered pain and suffering damages as a result of a data breach, the first decision of its kind in Europe. According to the judgment, Scalable Capital has to pay the plaintiff, represented by consumer organization EuGD Europäische Gesellschaft für Datenschutz mbH, € 2,500 in damages…
If Your Disclosure of a Data Breach Was “Late,” You May Have to Litigate
Jean E. Tomasco of Robinson & Cole writes about a breach involving an accounting firm that is a business associate to a number of covered entities. This month, the firm, Bansley & Kierner, issued a notice and started notifying individuals and HHS. But the time frame for discovery and notification has resulted in a potential…
N.J. volunteer EMS agency says patient data was breached
Leila Merrill reports: A volunteer EMS agency in New Jersey says in a news release that patient data in New Jersey was breached, and it has requested formal hearings in the state Senate and Assembly Health Committees. The Lincoln Park First Aid Squad, also known as Lincoln Park EMS, announced that it and other squads that are…
Former Uber Chief Security Officer to Face Wire Fraud Charges
SAN FRANCISCO – A federal grand jury handed down a superseding indictment today adding wire fraud to the list of charges pending against Joseph Sullivan for his role in the alleged attempted cover-up of the 2016 hack of Uber Technologies Incorporated, announced Acting United States Attorney Stephanie M. Hinds and FBI Special Agent in Charge…