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Cyberattacks are an unavoidable business risk. A recent U.S. Treasury Department report observed that through June 30, 2021, the total value of suspicious activity associated with ransomware transactions in 2021 was $590 million, exceeding the total value reported for all of 2020.
Though standalone cyber insurance policies are new in the industry, they have grown in the last decade to account for increased risks and corresponding insurer and regulatory scrutiny. According to a December 2020 National Association of Insurance Commissioner's Report, premiums in cyber policies totaled $3.15 billion, doubling since 2015, and demand for standalone policies increased 24%.
The landscape of standalone cyber policies has transformed, and companies must review their existing or proposed cyber coverages carefully.
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In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
Most of the federal circuit courts that have addressed what qualifies either as a "compilation" or as a single creative work apply an "independent economic value" analysis that looks at the market worth of the single creation as of the time when an infringement occurs. But in a recent ruling of first impression, the Fifth Circuit rejected the "independent economic value" test in determining which individual sound recordings are eligible for their own statutory awards and which are part of compilation.
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