Earlier today Kari Timm moderated a panel on cyber risk and insurance for law firms and other professional firms during the 2013 PLUS Professional Risk Symposium. To see a short video discussion on cyber risks for professional services firms from the 2013 PLUS Professional Risk Symposium please visit the PLUS Blog (http://plusblog.org/2013/04/10/cyber-risk-and-professional-firms/).
The influential Ninth Circuit Court of Appeals recently issued an important decision in a “watershed case” regarding the expectation of privacy in password protected electronic devices. US v Cotterman Handed down on March 8, 2013, US v Cotterman involved the border search of a registered sex offender entering the US from Mexico. When they were… Continue Reading
Although Ponemon’s Second Annual Benchmark Study on Patient Privacy and Data Security has shown some improvement for health organizations the overall message is still bleak. The second annual report examines changes from the past year that may have affected privacy and data protection in healthcare organizations. It also looks as how well the healthcare organizations are… Continue Reading
In a ground-breaking case, the U.S. Court of Appeals for the First Circuit has held that costs incurred to mitigate losses caused by a data breach are cognizable damages under Maine law. The case, Anderson v. Hannaford Bros. Co., will likely have a far reaching impact on businesses that maintain personally identifiable information and could… Continue Reading
The U.S. District Court for the Southern District of New York has found that the plaintiff in the Interclick history sniffing class action cannot establish damages under the Computer Fraud & Abuse Act (“CFAA”) and has dismissed plaintiff’s federal claims. However, the court is allowing plaintiff’s deceptive practices and trespass claims to proceed. Late last year,… Continue Reading
Many of the underwriting and wording considerations that direct insurers bring to cyber risks apply to reinsurers as well. But there are also issues that are unique to reinsurers. We will explore some of these issues in periodic postings. Click here for Reinsuring Cyber Risks: Be Careful Out There , our analysis of reinsurance wording issues and… Continue Reading
Sony insurers are going to have a busy year. Sony is estimating loses of $3.2 billion [pdf] from the Earthquake damage and Sony’s continued troubles with hackers. Since our last post we have learned: The hacker used Amazon’s Elastic Computer Cloud, or EC2, service to attack SOE. May 17, Sony’s chief executive, Howard Stringer, claimed… Continue Reading
Typically, consumers have faced an uphill battle establishing damages following a data breach. However, in the recent case Claridge v. RockYou, Inc., the United States District Court for the Northern District of California acknowledged that claims arising out of the unauthorized disclosure of personal information are relatively new and given the lack of existing authority,… Continue Reading