Alyssa Aquino, Judith Selby, and Joanna Storey of Hinshaw write: In enacting the Cybersecurity Affirmative Defense Act, HB80, (Act) on March 11, 2021, Utah became the second state in the U.S. to create affirmative defenses for “persons” to certain causes of action arising out of a breach of system security.[1] “Persons” is defined to include…
Category: State/Local
New York regulator issues cyber insurance risk framework with implications for insurers and insureds
Tim Tobin, Harriet Pearson, Paul Otto, and Jonathan Hirsch of Hogan Lovells write: On February 4, the New York Department of Financial Services (NYDFS) released Insurance Circular Letter No. 2 (2021), a Cyber Insurance Risk Framework (Framework) for insurers that write cyber insurance. The Framework identifies best practices that property/casualty insurers “should employ” to manage…
Will this Utah proposal quash lawsuits from victims of data breaches?
Art Raymond reports: Should consumers have the right to sue a company that allows their personal information to be stolen by data thieves? Under a proposal moving quietly through the 2021 Utah legislative session, the bar for filing such a lawsuit would be raised considerably in the event that a company has taken at least…
CT AG Tong Seeks Update To Data Breach Notifications
Attorney General William Tong testified last week before the General Law Committee in support of two pieces of legislation sought by the Office of the Attorney General to strengthen the state’s price gouging and data breach notification statutes. Data Breaches An Act Concerning Data Privacy Breaches, House Bill 5310, was sought by the Office of…
Data Breach Litigation Without a Data Breach? Not So Fast Walmart Says…
Lydia de la Torre and Raisa Dyadkina of Squire Patton Boggs write: The Lavarious Gardiner v. Walmart Inc. et al. case is anything but typical. As a re-cap, back in July 2020, plaintiff filed a class action complaint against Walmart alleging that Walmart suffered a data breach which they never disclosed. As evidence of the breach,…
Hanna Andersson, Salesforce ink deal to settle CCPA data breach class action
Sara Merken reports: Hanna Andersson LLC and Salesforce.com Inc have reached a proposed agreement with plaintiffs to resolve class claims related to a 2019 data breach, according to a motion for preliminary approval of the settlement. The litigation, composed of two consolidated cases against the children’s apparel retailer and cloud technology services provider, was one…