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Tag Archives: data breach

Data Breaches in Schools Should Not Be Dismissed

Posted in Cyber Breach, Education, Schools, Uncategorized

There is an increasing number of reported breaches in our school systems.  Just this past July: •Ferris State University in Michigan reported that PII for 39,000 students and employees was briefly available after an unauthorized entry into its system. Ferris State Breach •high school in North Carolina’s Guildford County inadvertently disclosed the PII of 456 students… Continue Reading

US v Cotterman: Electonic Data Has Value

Posted in Damages, Password

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

Follow the Money: No Homeowners Coverage for Employee Sued Individually for Data Theft

Posted in Data Breach, Illinois, Insurance

The Seventh Circuit Court of Appeals ruled on January 11, 2013 that there is no coverage under a homeowner’s policy for an employee of an accounting firm who had a CD stolen from her car. The CD contained financial information and other PII of 30,000 members of a pension fund and client of the accounting… Continue Reading

Privacy Breaches & Insurance: A Year in Review and What Lies Ahead in 2013

Posted in Coverage, Cyber Breach, Insurance, Year in Review

 CYBER AND PRIVACY BREACHES: A YEAR IN REVIEW AND WHAT LIES AHEAD FOR 2013 Join us on December 4, 2012 from 10:00 – 11:00 C.S.T. for “Cyber and Privacy Breaches: A Year in Review and What Lies Ahead for 2013, ” the final 2012 session of our Webinar Series on Cyber and Privacy Breaches and their Insurance… Continue Reading

Business Insurance’s Judy Greenwald quotes Celeste King

Posted in Federal Legislation, Uncategorized

Celeste King was recently quoted by Business Insurance’s Judy Greenwald in her article “Federal cyber legislation could simplify state laws.”  The article addresses the need for federal legislation in addition to pitfalls of various state legislation.  You can read the article here.

Behind the Curtain: Just whose risks are being insured?

Posted in Business Practices, Coverage, Cyber Breach, Data Breach, Insurance, Reinsurance

In today’s challenging economy, it is hard to turn away new business, whether from a client who provides a law firm with steady work, or a broker who contracts for investment services or a health care organization that contracts with a nursing registry.  But what happens when the new client demands that as part of… Continue Reading

Ponemon and Symantec Release 2011 Cost of Data Breach Study

Posted in Business Practices, Cyber Breach, Cyber Costs, Data Breach, Uncategorized

The Ponemon Institute and Symantec Corporation have released the seventh annual U.S. Cost of Data Breach along with data breach studies for the United Kingdom, Germany, France and Italy (Australia and India aren’t yet posted to the Symantec site).  Here are some of the findings (please note that these are averages and each country had varying… Continue Reading

Study Suggests Larger Companies View Cyber Risks More Seriously

Posted in Business Practices, Corporate Governance/Reporting, Coverage, Cyber Breach, Data Breach, Insurance

Despite the spate of high-profile data breaches over the past six months, a recent study by Advisen and Zurich suggests that companies are still reluctant to acknowledge and/or address the significant risk posed by cyber and privacy breaches — particularly smaller companies. This past month, Advisen issued the Zurich-sponsored study A New Era In Information… Continue Reading

Breach Mitigation Costs Are Cognizable Damages Under Maine Law

Posted in Cyber Costs, Damages, Data Breach

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

Cyber Data: If You Use It, Don’t Lose It: An Introduction to Cyber and Privacy Breaches and Their Insurance Impact

Posted in Webinar

If you were unable to make our first webinar: “Cyber Data: If You Use It, Don’t Lose It: An Introduction to Cyber and Privacy Breaches and Their Insurance Impact,” please feel free to contact us for the slides and a link to the recorded webinar. Our Webinar Series on Cyber and Privacy Breaches and Their… Continue Reading

Reminder: Webinar Series on Cyber & Privacy Breaches & Their Insurance Impacts Starts October 4

Posted in Breach Notification Laws, Coverage, Insurance, Privacy, Privacy Legislation

Our webinar series on cyber and privacy breaches and their insurance impacts begins on October 4, 2011 at 10:00 C.S.T. with the introductory presentation Cyber Data: If You Use It, Don’t Lose It: An Introduction to Cyber and Privacy Breaches and Their Insurance Impact. You can still register here for this complimentary webinar. See you… Continue Reading

California Beefs Up Security Breach Notification Requirements

Posted in Breach Notification Laws, Cyber Breach, Data Breach, HIPPA, Privacy Legislation

On August 31, 2011, California Governor Jerry Brown signed Senate Bill 24 (“SB 24″) into law.  The bill amends the state’s security breach notification statute requirements for breach notifications sent to California residents.  SB 24 also mandates electronic notification to the state Attorney General when a breach affects mores than 500 California residents. SB 24… Continue Reading

Zurich Denies Coverage for Sony PSN Hacking Claims & Files Suit

Posted in Class Action, Coverage, Cyber Breach, Insurance

The hits just keep coming for Sony.  In addition to defending 58+ class action lawsuits in the U.S. and Canada, and responding to numerous governmental inquiries into the hacking of its PlayStaion Network and Sony Online Entertainment earlier this year, Zurich has filed suit against Sony seeking a declaration that various Zurich policies do not provide coverage for the… Continue Reading

Ponemon Institute Reports 56% Increase in Cost of Cyber Crime

Posted in Cyber Breach, Cyber Costs, Insurance

The costs associated with cyber crime have increased significantly over the past year according to the Second Annual Cost of Cyber Crime Study the Ponemon Institute released earlier this month.  The total annualized cyber crime cost for those organizations that participated in the study ranged from $1.5 million to $36.5 million, with a median cost of $5.9 million, an… Continue Reading

Wellpoint Settles with Indiana AG Over Data Breach

Posted in Breach Notification Laws, Data Breach, Insurance

Health insurer WellPoint Inc. has entered into a settlement agreement with the Indiana Attorney General resolving the first lawsuit the AG filed under Indiana’s breach notification statute. In February 2010, a consumer notified Wellpoint that insurance applications containing personal information were accessible on Wellpoint’s website.  The consumer reportedly contacted Wellpoint again on March 8, 2010. … Continue Reading

Ponemon Reports Significant Increase in Cyber Attacks

Posted in Cyber Breach, Insurance

The Ponemon Institute study “Perceptions About Network Security” reports a significant increase in cyber attacks, both in terms of frequency and severity. Ponemon surveyed 583 IT and IT security practitioners in the United States.  More than half of those surveyed are employed by organizations with 5,000+ employees.  Seventy-eight percent of the respondents reported that their company had… Continue Reading

Cyber Breach Class Actions: Discounted by the Supreme Court’s Wal-Mart Decision?

Posted in Class Action, Cyber Breach

It is not uncommon for cyber breaches to involve thousands of individual claimants.   With studies placing the average cost of a cyber breach between $200 and $500, it is unrealistic to expect individual plaintiffs to file lawsuits for damages allegedly resulting from the breach.  The most viable way for plaintiffs to seek recovery, and the most attractive… Continue Reading

Connecticut AG Demands Answers from Citigroup

Posted in Breach Notification Laws, Cyber Breach, Privacy

In what is likely the first of many state inquires to come, the Connecticut Attorney General sent a letter on June 13, 2011 to Citigroup, Inc. requesting more information about the recent data breach it announced last week. On June 9, 2011, Citigroup announced that unidentified hackers had breached its system and accessed data belonging… Continue Reading

Lockheed Martin Hacked

Posted in Cyber Breach

Lockheed Martin, a major U.S. defense contractor, sustained a cyber attack on May 21, 2011 that it described as “significant and tenacious.”  Lockheed Martin, the Pentagon and the Department of Homeland Security are investigating, although government officials say no sensitive information was leaked.  [Lockheed Press Release PDF]

Sony Insurers Should Expect a Busy Year

Posted in Cyber Breach, Damages, Retail, Uncategorized

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

Cyber Breach Incidents Increasing Frequency and Damage

Posted in Coverage, Cyber Breach, Insurance

Each day there are new data breaches resulting in lawsuits and loss.  Individuals are losing PII, credit card information,  and their trust in the security of their information.  Just this past week Ian Paul of PCWorld posted a recap of the larger risks in the past few months. It is impressive to think that Epsilon (which included over a hundred… Continue Reading

Sony Data Breach Clean Up Continues

Posted in Cyber Breach, Retail

Things for Sony are definitely heating up.  Yesterday the Subcommittee on Commerce, Manufacturing and Trade of the U.S. House of Representatives Committee on Energy and Commerce held a hearing on “The Threat of Data Theft to American Consumers.” Sony didn’t send a representative, but Kazuo Hirai, Chairman of the Board of Directors, sent a letter… Continue Reading

Sony Notifies Customers of Second Breach

Posted in Cyber Breach, Retail

Not even a week after the Sony Computer Entertainment and Sony Network Entertainment data breach, Sony Online Entertainment is now notifying customers that its data was also compromised during the same time period.  According to the post an ongoing investigation is continuing and another 24.6 million accounts may have been compromised.  In addition to user account… Continue Reading