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Case Briefs
First Judicial Ruling Says No CGL Coverage for Data Breaches
Policyholder efforts to shoehorn coverage for data breach liability into the personal and advertising liability coverage of Commercial General Liability (CGL) policies have suffered a setback. A New York trial court has held that the theft of information by third-party hackers breaking into a computer system does not qualify as “oral or written publication in any manner of material that violates a person's right of privacy” for purposes of personal and advertising injury coverage (Coverage B) in a CGL policy. Zurich Am. Ins. Co. v. Sony Corp. of Am., 651982/2011 (N.Y. Sup. Ct., N.Y. Cnty. Feb. 21, 2014). Describing the case before it as the only “data breach case of this magnitude” involving CGL policies, the court agreed with insurer arguments concerning the scope and intent of coverage for “oral or written publication in any manner of material that violates a person's right to privacy.” This provision, the court concluded, requires “an act by or some kind of act or conduct by the policyholder in order for coverage to be present.”
Sony's PlayStation Network, which allows users to play video games against each other over the Internet, was hacked in April 2011. The hackers stole personally identifiable information belonging to over 77 million users, which was one of the largest data breaches in history. After the breach, Sony tendered suits brought by its customers to its CGL carriers, arguing that the hackers' theft of personal information fell within the enumerated offense of “oral or written publication in any manner of material that violates a person's right or privacy” under Coverage B. The carriers sought a declaratory judgment that the data breach claims did not fall within the policy's coverage.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?