Cyber Insurance

CPW has been covering the T-Mobile data event litigations and Law360 is now reporting that “T-Mobile’s cyberinsurance coverage could be stretched by a recent data breach that has already spawned two government investigations and a slew of lawsuits by affected customers.”  CPW’s Ericka Johnson provided her insights to Law360 on this issue, and also touched

In case you missed it, below is a summary of recent posts from CPW.  Please feel free to reach out if you are interested in additional information on any of the developments covered.

BREAKING: Sixth Circuit in Sonic Data Breach Litigation Denies Request to Appeal District Court’s Certification of Class, Dismissing Sonic’s Self-Identification and Standing

Earlier this month, CPW’s Kristin Bryan provided her insights to Richard Satran at Thomson Reuters Regulatory Intelligence regarding recent developments concerning the New York financial sector, cybersecurity and data privacy in light of a recent key leadership change with a state regulator.  You can read the full article below, which includes her comments, which was

Data privacy litigations are on the rise.  With this increase in cases comes an increase in coverage disputes regarding when an insurer has a duty to defend its insured in a data-breach and data privacy litigations.  A decision out of the Fifth Circuit earlier this summer has put this issue under additional focus.  Landry’s, Inc.

This week Linda Lacewell, Superintendent of New York’s Department of Financial Services (“DFS”), announced her resignation effective August 24.  Ms. Lacewell was nominated in 2019 by Governor Cuomo, having previously served as his Chief of Staff.  Cybersecurity had been a top priority for DFS under Lacewell’s leadership, as she called it the “number one threat”

CPW’s Kristin Bryan was interviewed recently by CyberScoop regarding the significance of the court’s decision in In re Rutter’s which ordered the production of a forensic report and related communications over assertions of privilege in data privacy litigationAs she explains, the court’s ruling (considered in conjunction with the Clark Hill and Capital

In case you missed it, below is a summary of recent posts from CPW.  Please feel free to reach out if you are interested in additional information on any of the developments covered.

BREAKING: Supreme Court Limits Availability of Article III Standing in Data Privacy Litigations in Win for Defendants | Consumer Privacy World

Key

A recent Illinois Supreme Court opinion found that the coverage afforded for personal or advertising injuries in business owners’ liability policies may apply to claims under the state’s Biometric Information Privacy Act (“BIPA”).  We anticipate this decision will have a significant impact in this area going forward.  West Bend Mutual Insurance Company v. Krishna Schaumburg

In case you missed it, CPW’s Kristin Bryan and Ericka Johnson will be hosting CPW’s first webinar today from 12-1 pm EST on Colonial Pipeline.  For the attorneys in the crowd, 1 hour of CLE is available.  If you were wondering, yes it is free. Register here for this must-attend event.

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There is still time to register for CPW’s first virtual event next Tuesday, May 25 from 12-1 pm EST on The Colonial Pipeline Hack-Understanding Cyber-Attacks, Supply Chain Breaks and Data Breach Litigation Issues.  And that webinar could not be more timely as data privacy litigation concerning the cyber incident is already underway.

This week,