This discussion is part of a series identifying core processes and defenses that increase the likelihood of a favorable outcome in data breach class actions.
A Primer on CAFA’s Jurisdictional Expansion for Class Actions
Congress passed the Class Action Fairness
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Two U.S. Senators, John Hickenlooper and Shelley Moore Capito, have introduced a Bill to improve consumers and small businesses’ understanding of cyber insurance policies. The
On January 18, 2023, Lloyd’s published updated Cyber War & Cyber Operation Clauses for standalone cyber insurance policies. Twelve days later, it published revised versions to address “language consistency changes/minor corrections.” As part of its efforts to properly manage evolving cyber-risks, Lloyd’s originally
When deciding coverage for a ransomware event, insurers should take note of the Ohio Supreme Court’s ruling that an electronic-equipment endorsement to a business owners policy (BOP) does not provide coverage for losses incurred from a ransomware attack if there
Cyber risk is complex and constantly changing. In the insurance industry, cyber risk modeling refers to the use of mathematical models to evaluate the potential financial losses that a company might incur in case of a cyberattack. Cyber risk modeling
The short and simple answer is “No,” as long as the insured is not a public agency such as a county or a municipality. However, there always seems to be possible exceptions at play when it comes to cyber insurance
On reexamination, a federal district court determined that a CGL (commercial general liability) policy purchased by Target Corporation covered the replacement costs for Target payment cards that were compromised as a result of a data breach. Of significance, the federal
Class Action Issue
In a recent decision addressing privacy claims arising from the electronic tracking of a customer’s online behavioral activity, a federal district court’s analysis highlighted the significance of a comprehensive privacy notice in establishing a customer’s consent to
Class Action Issue
In Home Depot U.S.A., Inc. v. Jackson, the U.S. Supreme Court addressed whether either the Class Action Fairness Act of 2005 (“CAFA”) or the general removal statute (28 U.S.C. §1441(a)) allows a party brought into a lawsuit
Class Action Issue In Home Depot U.S.A., Inc. v. Jackson, the U.S. Supreme Court addressed whether either the Class Action Fairness Act of 2005 (“CAFA”) or the general removal statute (28 U.S.C. §1441(a)) allows a party brought into a lawsuit