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Category: Commentaries and Analyses

Second Circuit Holds Insurers Have Duty to Defend Data Trap Lawsuit

Posted on June 8, 2016 by Dissent

Traub Lieberman Straus & Shrewsberry LLP write: In its recent decision in Nat’l Fire Ins. Co. v. E. Mishan & Sons, Inc., 2016 U.S. App. LEXIS 10151 (2d Cir. June 1, 2016), the United States Court of Appeals for the Second Circuit, applying New York law, had occasion to consider the application of an exclusion…

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House Energy And Commerce Committee Reviews Cybersecurity Practices At HHS

Posted on June 7, 2016 by Dissent

King & Spalding write: On May 25, 2016, the House Energy and Commerce Subcommittee on Health held a hearing to examine the Department of Health and Human Services’ (“HHS”) cybersecurity responsibilities.  The hearing focused on legislation that would create a new office within HHS, the Office of the Chief Information Security Officer (“CISO”), consolidating information…

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ERISA and Cybersecurity

Posted on June 6, 2016 by Dissent

Larry Goldstein of McGuireWoods LLP writes: Employee benefit plan data stored online may include participants’ names and Social Security numbers, account information and protected health information (PHI), all of which are inviting targets for hackers. Highly-publicized data breaches in recent years have called attention to the obligations of benefit plan administrators (typically the employers sponsoring…

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#ProjectVoriDazel exposes misconfigured databases

Posted on June 4, 2016 by Dissent

Just as Chris Vickery has tried to focus attention that there are still tens of thousands of misconfigured databases exposing PII and other information that should be protected because port 27017 is open, now TeamGhostShell is also calling attention to the problem – plus other open ports and issues. In his disclosure on a paste site,…

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Eighth Circuit Finds That Insurance Coverage Extends To Fraudulent Losses Caused By Computer Hacker

Posted on June 4, 2016 by Dissent

Bethany Rupert of King & Spaulding provides additional coverage of an appellate ruling I had previously noted on this site: On May 20, 2016, the U.S. Court of Appeals for the Eighth Circuit affirmed breach-of-contract claims brought by Minnesota-based State Bank of Bellingham (“Bellingham Bank”) against BancInsure Inc. (“BancInsure”), an insurance company that refused to provide…

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Major insurer does not have to cover restaurant chain’s data breach

Posted on June 4, 2016 by Dissent

Lyle Adriano reports that some of P.F. Chang’s breach-related costs are not covered by its insurance: A federal court ruled that Chubb Ltd. does not have to reimburse P.F. Chang’s for costs the restaurant chain charged by its credit card processor under its cyber policy. […] The Federal Court ultimately concluded that on several counts…

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