Blog Archives

Coca-Cola Dodges Privacy Class Action

Coca-Cola won big last month when it secured summary judgment in a privacy class action brought by a former bottling plant employee concerning compromised personal information. Hon. Joseph Leeson of the Eastern District of Pennsylvania found that Coca-Cola was not

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Posted in Data Breach, Data Security, Litigation, Privacy

Fourth Circuit To Plaintiffs: “Could” Isn’t Enough For Standing

A split continued to develop in the federal courts last month as the Fourth Circuit denied Article III standing to the plaintiffs in a data breach case whose alleged injuries were limited to the increased risk of future identity theft

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Posted in Data Breach, Litigation

Plaintiffs in Horizon Breach Win Key Article III Ruling at 3rd Circuit

Recently, the Third Circuit Court of Appeals overturned a United States District Court for the District of New Jersey dismissal of a class action filed in the aftermath of a data breach at Horizon Healthcare Services Inc., (“Horizon”). The appellate

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Posted in Data Breach

Protect Against Cyber Attacks: A New Guide to Help Small Businesses

No business is too small to be the victim of a cyberattack. In fact, as larger companies invest more resources in cybersecurity, attackers are beginning to target smaller, less secure businesses. It is important for every small business to understand

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Posted in Cyberattack, Data Breach, Data Security, Privacy, Standards

Sixth Circuit Eases Plaintiffs’ Burden for Standing in Data Breach Claims

Insurance companies are susceptible to the same sort of data breaches as suffered by many other businesses, such as the recently reported theft from Yahoo of the personal data in half a billion accounts. In a major decision that may

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Posted in Cyberattack, Data Breach, Insurance, Litigation

“Full Employment for CISOs in New York”: New York Proposes the Nation’s First Cybersecurity Regulation

If you’re a CISO living in New York get ready for the phone calls!!! On September 13, 2016, Governor Andrew M. Cuomo proposed the nation’s first cybersecurity regulation. Starting on September 28, 2016 there is a limited 45 day window

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Posted in Data Security, Legislation, Regulations

Data Breach Plaintiffs Continue to Face Article III Standing Challenges

Standing remains a high hurdle for individuals whose personal information is compromised as a result of a data breach but who cannot establish that the stolen information was actually used improperly. Class action claims against CareFirst Blue Cross Blue Shield

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Posted in Data Breach, Litigation

Cyber Attacks Reach Subrogation

It was just a matter of time. As cyber-attacks rose and the data security breaches became increasingly devastating to businesses and individuals, cyber breach insurance became more prevalent. And where insurance appears, subrogation recovery follows. We have not seen an overwhelming number

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Posted in Cyberattack, Data Breach, Legislation, Litigation

Courts: We Hear No Suit Based on Cyber Crime Before its Time

Two recent decisions out of the U.S. District Court for the District of Maryland illustrate the difficulty that cyber breach victims can have in establishing standing to sue. In both cases, the court dismissed the cyber breach suits for lack

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Posted in Cyber crimes, Cyberattack, Data Breach, Litigation, Privacy

Chinese Leftovers: P.F. Chang’s Not Entitled to $2 Million in Breach Costs

In what is thought to be the first published decision in a cyber insurance coverage case, popular Chinese restaurant chain, P.F. Chang’s, was denied coverage for certain costs incurred as a result of a 2014 data breach. Unfortunate as it

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Posted in Data Breach, Insurance, Litigation
About Cyber Law Monitor
In the new digital world, individuals and businesses are almost entirely dependent on computer technology and electronic communications to function on a daily basis. Although the power of modern technology is a source of opportunity and inspiration—it also poses huge challenges, from protecting privacy and securing proprietary data to adhering to fast-changing statutory and regulatory requirements. The Cyber Law Monitor blog covers privacy, data security, technology, and cyber space. It tracks major legal and policy developments and provides analysis of current events.
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