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The Rise of Cyber Insurance Liability Litigation
As businesses are quickly learning, companies today have no choice but to confront the risks presented by the proliferation of cyber-based attacks targeting their confidential business information. Faced with this growing threat, many companies have begun taking steps to fortify security measures protecting their informational and technological infrastructure in the hope of preventing a cyber-attack. In addition, many companies have purchased cyber insurance liability policies that may provide indemnification and defense coverage following a cyber-based incident. This article examines four recent insurance coverage lawsuits stemming from a cyber-based incident.
Cyber-Attacks
In this technological era, headlines lamenting massive data breaches are commonplace. For example, in 2013, Target Corporation suffered a well-publicized data breach that exposed private information concerning 40 million debit and credit card accounts. Then, in 2014, hackers supposedly affiliated with North Korea breached Sony Corporation's servers and leaked a wide range of highly sensitive business information. That same year, Home Depot was victim to a data breach that exposed the payment cards and e-mail addresses of nearly 56 million of its customers. In 2015, health insurer Anthem Inc. was attacked by cyber hackers who obtained data such as names, birthdates, Social Security numbers, medical IDs, addresses and income on tens of millions of current and former Anthem customers and employees. The foregoing examples are only a handful of the now-seemingly ubiquitous occurrence of corporate data breaches that leave individuals' private and sensitive information exposed and vulnerable to misuse or exploitation.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
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.